Davis v. Carlton et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/11: Plaintiff shall, within twenty-one days after the filing date of this order, file a new application to proceed in forma pauperis. The Clerk of Court is directed to send plaintiff, with this order, a blank Application to Proceed Without Prepayment of Fees and Affidavit, used in nonprisoner cases. (Kaminski, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL S. DAVIS, 11 12 13 No. 2:11-cv-01100 KJN P1 Plaintiff, vs. C. CARLTON, et al., 14 Defendants. 15 ORDER / 16 Plaintiff filed this civil rights action while a state prisoner; shortly thereafter, 17 plaintiff, in person, filed a notice of change of address indicating that he was no longer 18 incarcerated. Routine documents served by the Clerk of Court on April 27, 2011 (and returned 19 as undeliverable on May 11, 2011), were personally re-served on plaintiff on May 3, 2011. 20 Before the court may proceed with screening plaintiff’s complaint, plaintiff must file a new 21 application to proceed in forma pauperis—the current application is premised on the balance in 22 plaintiff’s prison trust account, which is no longer pertinent. 23 //// 24 //// 25 1 26 This action is referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), Local General Order No. 262, and E.D. Cal. L.R. (“Local Rule”) 302. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall, within twenty-one days after the filing date of this order, file a 3 new application to proceed in forma pauperis; and 4 4. The Clerk of Court is directed to send plaintiff, with this order, a blank 5 Application to Proceed Without Prepayment of Fees and Affidavit, used in nonprisoner cases. 6 DATED: June 21, 2011 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 davi1100.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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