Brown v. Whittaker et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2011 DISMISSING plaintiff's 2 Motion to Proceed In Forma Pauperis. Clerk directed to send plaintiff a new Application to Proceed IFP and he shall submit a completed copy w/in 30 days from date of this Order. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN R. BROWN,
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Plaintiff,
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No. 2:11-cv-1526 KJN P
vs.
WHITTAKER, et al.,
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Defendants.
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ORDER
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Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action
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pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to
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proceed in forma pauperis on the form used by this district. Use of the form assists plaintiff to
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establish and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915
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(b)(1) and (2). Accordingly, plaintiff’s application will be dismissed and plaintiff will be
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provided the opportunity to submit the application on the appropriate form. Plaintiff is cautioned
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that he must also provide a certified copy of his prison trust account statement for the six month
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period immediately preceding the filing of his complaint.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff’s application to proceed in forma pauperis is dismissed without
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prejudice;
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2. 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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3. Plaintiff shall submit, within thirty days from the date of this order, a
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completed application to proceed in forma pauperis. Plaintiff’s failure to comply with this order
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may result in the dismissal of this action without prejudice.
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DATED: June 21, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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brow1526.3d
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