Opinion
No. 2:13-cv-0617 KJN P
04-08-2013
JOSUE ORTIZ, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
Plaintiff, a state prisoner proceeding without counsel or "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 pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma pauperis on the current form used by this district. Plaintiff's application is not certified by prison officials, and plaintiff did not provide a trust account statement for the six months prior to the filing of this action. Accordingly, plaintiff's application is dismissed and plaintiff is provided the opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must also provide a certified copy of his prison trust account statement for the six month period immediately preceding the filing of his complaint.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's March 29, 2013 application to proceed in forma pauperis (Docket No. 2) is dismissed without prejudice;
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and
3. Plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE