Claybrooks v. Donahou

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 11/22/11 DISMISSING without prejudice 3 Motion to Proceed IFP; 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 30 days from the date of this order, a completed application to proceed in forma pauperis on the form provided with this order.(Dillon, M)

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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 CASANOVA CLAYBROOKS, 11 Plaintiff, 12 13 No. 2:11-cv-3002 JFM (PC) vs. RACHEL DONAHOU, 14 Defendant. 15 ORDER / 16 Plaintiff, a county prisoner proceeding pro se, has filed a civil rights action 17 pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis 18 pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to 19 proceed in forma pauperis on the form used by this district. Use of the form assists plaintiff to 20 establish and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 21 (b)(1) and (2). Accordingly, plaintiff’s application will be dismissed and plaintiff will be 22 provided the opportunity to submit the application on the appropriate form. Plaintiff is cautioned 23 that he must also provide a certified copy of his prison trust account statement for the six month 24 period immediately preceding the filing of his complaint. 25 ///// 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s November 10, 2011 application to proceed in forma pauperis is 3 dismissed without prejudice; 4 5 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 6 3. Plaintiff shall submit, within thirty days from the date of this order, a 7 completed application to proceed in forma pauperis on the form provided with this order. The 8 completed application shall bear the case number assigned to this action. Plaintiff’s failure to 9 comply with this order may result in the dismissal of this action without prejudice. 10 DATED: November 22, 2011. 11 12 13 14 15 /mp clay3002.3d 16 17 18 19 20 21 22 23 24 25 26 2

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