Mitchell v. Cate et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/6/2011 DENYING, w/out prejudice, pltf's 2 request to proceed IFP; pltf to submit, w/in 30 days, a completed affidavit to proceed ifp ; the clerk to send pltf a new ifp application; and pltf shall submit, w/in 30 days, a certified trust acct statement. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WESLEY MITCHELL,
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Plaintiff,
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No. CIV S-11-1240 GGH P
vs.
MATTHEW L. CATE, et al.,
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Defendants.
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ORDER
/
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
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to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28
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U.S.C. § 1915. However, the certificate portion of the request which must be completed by
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plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a
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certified copy of his prison trust account statement for the six month period immediately
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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the
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opportunity to submit a completed in forma pauperis application and a certified copy in support
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of his application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff’s May 9, 2011, request to proceed in forma pauperis (Docket No. 2) is
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denied without prejudice;
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2. Plaintiff shall submit, within thirty days from the date of this order, a
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completed affidavit in support of his request to proceed in forma pauperis on the form provided
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by the Clerk of Court;
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3. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner; and
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4. Plaintiff shall submit, within thirty days from the date of this order, a certified
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copy of his prison trust account statement for the six month period immediately preceding the
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filing of the complaint. Plaintiff’s failure to comply with this order will result in a
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recommendation that this action be dismissed without prejudice.
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DATED: June 6, 2011
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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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GGH:kly
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