Opinion
3:12-cv-00685-RCJ-WGC
01-29-2013
EDGAR ORTEGA, Plaintiff, v. WARDEN BAKER, et al., Defendants.
ORDER
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state prisoner. Plaintiff has submitted a complaint and seeks leave to proceed in forma pauperis. (ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees, a prisoner seeking to proceed in forma pauperis "shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint. . . obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(1), (2). Plaintiff in the instant action has failed to submit an in forma pauperis application that provides the necessary financial information. Specifically, plaintiff has failed to submit a financial certificate signed by an authorized prison or jail officer and has failed to submit a certified copy of his prison account statement for the 6-month period immediately preceding the filing of the complaint.
IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new complaint in a new action, with a proper in forma pauperis application in compliance with 28 U.S.C. § 1915(a).
IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for same, two copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, one copy of instructions for the same, and a copy of plaintiff's civil rights complaint (ECF No. 1-1).
IT FURTHER IS ORDERED that all pending motions are DENIED.
IT IS FURTHER ORDERED that plaintiff may file a new complaint and in forma pauperis application in a new action, but he may not file further documents in this action.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.
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UNITED STATES DISTRICT JUDGE