Artemenko v. Fang

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 11/15/2011 ORDERING that within 30 days, plaintiff shall complete and return the Notice of Submission with the required documents;and the clerk to send plaintiff a new ifp application.(Yin, K)

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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 SCOTT ARTEMENKO, Plaintiff, ORDER vs. 12 13 No. 2:11-cv-2689 JFM (PC) Defendant. 11 KO FANG, 14 / 15 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 18 U.S.C. § 1915. However, the certificate portion of the request which must be completed by 19 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 20 certified copy of his prison trust account statement for the six month period immediately 21 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the 22 opportunity to submit a completed in forma pauperis application and a certified copy in support 23 of his application. Insofar as plaintiff contends that staff at Mule Creek State Prison, where he is 24 presently housed, refuse to certify his prison trust account statement, plaintiff shall file proof of 25 his submitted requests to the appropriate authorities. 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Within thirty days from the date of this order, plaintiff shall complete the 3 attached Notice of Submission and submit the following documents to the court: 4 5 a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and 6 7 8 9 10 b. a certified copy of plaintiff’s prison trust account statement for the six month period immediately preceding the filing of the complaint. 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff’s failure to comply with this order may result in the dismissal of this 11 action without prejudice. 12 DATED: November 15, 2011. 13 14 15 16 /mp014;arte2689.3c+new 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SCOTT ARTEMENKO, 10 Plaintiff, No. 2:11-cv-2689 JFM (PC) 11 vs. 12 KO FANG, NOTICE OF SUBMISSION 13 Defendant. 14 __________________________/ 15 Plaintiff hereby submits the following document in compliance with the court's 16 order filed : 17 ______________ 18 19 Account DATED: Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Statement 20 21 Plaintiff 22 23 24 25 26 3

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