Hoyt v. Gonzales
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 06/20/11 ordering plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the cler k of court. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, 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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JOHNAE HOYT,
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Plaintiff,
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No. CIV S-11-1582 GGH P
vs.
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KATHRYN GONZALES,
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Defendant.
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ORDER
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Plaintiff, a county prisoner proceeding pro se, 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. However, the certificate portion of the request which must be
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completed by plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has
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not filed a certified copy of his prison trust account statement for the six month period
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immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be
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provided the opportunity to submit a completed in forma pauperis application and a certified
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copy in support of his application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. 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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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 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 20, 2011
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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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