Oliver v. Beard

Full title: KENNETH OLIVER, Plaintiff, v. JEFFREY BEARD, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 25, 2013

2:13-cv-1395 DAD P (E.D. Cal. Jul. 25, 2013)

Opinion

KENNETH OLIVER, Plaintiff, v. JEFFREY BEARD, et al., Defendants. No. 2:13-cv-1395 DAD P United States District Court, E.D. California. July 25, 2013

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis. Plaintiff has not submitted his in forma pauperis request on a proper form.

         Plaintiff's request for leave to proceed in forma pauperis will be denied, and plaintiff will be granted thirty days to submit a new request on a proper form. Plaintiff is cautioned that the form includes a section that must be completed by a prison official, and the application form must be accompanied by a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of this action.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Plaintiff's July 12, 2013 request for leave to proceed in forma pauperis (ECF No. 2) is denied without prejudice;

         2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action; and

         3. Plaintiff shall submit, within thirty days from the date of this order, a properly completed application to proceed in forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice.