(PC) Grimes v. Grossjan, No. 2:2017cv02394 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Deborah Barnes on 07/31/18 VACATING 16 the Findings and Recommendations. Within 30 days of the filed date of this order, plaintiff shall file with the court a signed motion to proceed in forma pauperis. Plaintif f should note that he does not need to include a copy of his trust fund account statement. That statement has already been provided to the court. 5 Plaintiff also does not need to have an officer sign the certificate regarding the amount currently in his account. The only thing the court requires is a completed and signed Application to Proceed in Forma Pauperis by a Prisoner. The Clerk of the Court shall provide plaintiff with a copy of the Application to Proceed in Forma Pauperis by a Prisoner.(Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH GRIMES, 12 No. 2:17-cv-2394 MCE DB P Plaintiff, 13 v. 14 M. GROSSJAN, 15 ORDER Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. While plaintiff filed a motion to proceed in forma pauperis, he failed to 19 sign that motion. The court has provided plaintiff several opportunities to file a signed motion. 20 (See ECF Nos. 6, 10, 15.) On July 13, 2018, the undersigned recommended this action be 21 dismissed for plaintiff’s failure to prosecute and to comply with court orders. (ECF No. 16.) 22 Plaintiff filed objections to the findings and recommendations. (ECF No. 17.) He shows 23 that he has been moved numerous times during the last six months, which means he frequently 24 has not had access to his legal materials and has experienced delays in receiving copies of court 25 orders. The court finds plaintiff has shown good cause for additional time to file a signed motion 26 to proceed in forma pauperis. 27 Accordingly, IT IS HEREBY ORDERED as follows: 28 1. The Findings and Recommendations filed July 13, 2018 are vacated; and 1 1 2. Within thirty (30) days of the filed date of this order, plaintiff shall file with the court 2 a signed motion to proceed in forma pauperis. Plaintiff should note that he does not 3 need to include a copy of his trust fund account statement. That statement has already 4 been provided to the court. (ECF No. 5.) Plaintiff also does not need to have an 5 officer sign the certificate regarding the amount currently in his account. The only 6 thing the court requires is a completed and signed “Application to Proceed in Forma 7 Pauperis by a Prisoner.” 8 9 10 3. The Clerk of the Court shall provide plaintiff with a copy of the Application to Proceed in Forma Pauperis by a Prisoner. Dated: July 31, 2018 11 12 13 14 DLB:9 DB/prisoner-civil rights/grim2394.ifp(4) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2