Reyes v. State of California Department of Corrections and Rehabilitation

Full title: SHANE MYRON REYES, Plaintiff, v. STATE OF CALIFORNIA DEPARTMENT OF…

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

Date published: Mar 1, 2015

2:15-cv-0322 DAD P (E.D. Cal. Mar. 1, 2015)

Opinion

SHANE MYRON REYES, Plaintiff, v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. No. 2:15-cv-0322 DAD P United States District Court, E.D. California. March 1, 2015

          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. However, plaintiff has not submitted his in forma pauperis request on the form used by this judicial district.

         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 February 4, 2015 request for leave to proceed in forma pauperis 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.