Martinez v. District Attorney of San Joaquin County et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/7/2011 ORDERING that pltf's 2 motion to proceed IFP is DENIED w/out prejudice; pltf to submit, w/in 30 days, a properly completed ifp application w/ a certified trust acct statement; and the clerk to send ptlf an ifp application. (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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KENNETH LEE MARTINEZ,
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Plaintiff,
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No. CIV S-11-1445 DAD P
vs.
DISTRICT ATTORNEY OF SAN
JOAQUIN COUNTY, et al.,
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Defendants.
ORDER
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/
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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
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28 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’s incomplete
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application will be denied with leave to file a properly completed application to proceed in forma
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pauperis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s May 27, 2011 application to proceed in forma pauperis (Doc. No. 2)
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is denied without prejudice;
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2. Plaintiff shall submit, within thirty days from the date of this order a properly
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completed in forma pauperis application that includes a certified copy of plaintiff’s prison trust
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account statement for the six-month period immediately preceding the filing of the complaint in
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this action and a prison official’s certification; plaintiff is cautioned that failure to comply with
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this order or seek an extension of time to do so will result in this action being dismissed without
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prejudice; and
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3. The Clerk of the Court is directed to send plaintiff an Application to Proceed
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In Forma Pauperis By a Prisoner for use in a civil rights action.
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DATED: June 7, 2011.
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