Opinion
2:10-cv-00044-KJD-LRL.
June 11, 2010
ORDER
Plaintiff, a detainee or inmate in municipal custody, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action.
The application submitted is incomplete. Plaintiff did not attach an inmate account statement. Both a properly executed financial certificate and a statement from the plaintiff's inmate trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2.
IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is DENIED.
IT FURTHER IS ORDERED that this action shall be DISMISSED without prejudice to plaintiff's commencement of a new action in which he submits a new complaint and either pays the $350.00 filing fee or submits a new properly completed application to proceed in forma pauperis, with both a new properly executed financial certificate and copy of his inmate trust fund account statement.
IT FURTHER IS ORDERED that the Clerk of Court shall send plaintiff two copies each of a civil rights complaint form and an application form to proceed in forma pauperis for incarcerated persons, along with a copy of the instructions for each form. The Clerk further shall return a copy of the papers that plaintiff submitted in this action.
The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice to the timely filing of a new complaint in a new action with a properly completed pauper application.