Opinion
1:23-cv-00100-BAM (PC)
01-25-2023
MACEY E. TURLEY, JR., Plaintiff, v. LOPEZ, et al., Defendants.
ORDER DENYING IN FORMA PAUPERIS APPLICATION WITHOUT PREJUDICE (ECF NO. 3)
ORDER TO SUBMIT PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN THIRTY (30) DAYS
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Plaintiff Macey E. Turley, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on October 31, 2022, (ECF No. 1), in the United States District Court for the Southern District of California. Plaintiff filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 on December 19, 2022. (ECF No. 3.) The action was transferred to the Eastern District of California on January 23, 2023. (ECF No. 4.)
Plaintiff's application to proceed in forma pauperis is incomplete. Plaintiff has failed to complete the trust account withdrawal portion of the application. Plaintiff must submit a completed form if he wishes for the application to be considered. Plaintiff is not required to submit a new certified copy of his inmate trust account statement.
Accordingly, IT IS HEREBY ORDERED as follows:
1. Plaintiff's motion to proceed in forma pauperis, (ECF No. 3), is DENIED, without prejudice;
2. The Clerk of the Court is directed to serve this order and a blank in forma pauperis application for a prisoner on Plaintiff;
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay the $402.00 filing fee for this action;
4. No extension of time will be granted without a showing of good cause; and
5. Plaintiff is warned that the failure to comply with this order will result in dismissal of this action, without prejudice.
IT IS SO ORDERED.