Churchill v. California Department of Corrections Board of Prison Terms et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/22/11 DISMISSING 2 Motion to Proceed IFP without prejudice. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 28 days from the date of this order, a completed application to proceed in forma pauperis. (Dillon, 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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DAVID H. CHURCHILL,
Plaintiff,
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No. CIV S-11-2833 GGH P
vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS BOARD OF
PRISON TERMS, et al.,
Defendants.
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
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28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma
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pauperis on the form used by this district. Use of the form assists plaintiff to establish and the
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court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2).
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Accordingly, plaintiff’s application will be dismissed and plaintiff will be provided the
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opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must
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also provide a certified copy of his prison trust account statement for the six-month period
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immediately preceding the filing of his complaint, see 28 U.S.C. § 1915(a)(2), and the
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certificate portion of the in forma pauperis application must be filled out and signed by an
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authorized prison official.
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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;
2. The Clerk of the Court is directed to send plaintiff a new Application to
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Proceed In Forma Pauperis By a Prisoner; and
3. Plaintiff shall submit, within twenty-eight 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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will result in a recommendation that this action be dismissed without prejudice.
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DATED: November 22, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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GGH:009/md
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