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Barger v. CDCR

United States District Court, Ninth Circuit, California, E.D. California
Mar 5, 2015
2:15-cv-0221 CKD P (E.D. Cal. Mar. 5, 2015)

Opinion


GARY DALE BARGER, Plaintiff, v. CDCR, Defendants. No. 2:15-cv-0221 CKD P United States District Court, E.D. California. March 5, 2015

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On February 3, 2015, plaintiff was directed to pay the filing fee for this action or submit an application to proceed in forma pauperis. Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint or obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided one more opportunity to either pay the filing fee or submit the completed application and the certified copy in support of his application to proceed in forma pauperis.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Plaintiff's motion to proceed in forma pauperis (ECF No. 13) is denied without prejudice.

         2. Plaintiff shall pay the filing fee for this action or file a completed application to proceed in forma pauperis within 30 days. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

         3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.


Summaries of

Barger v. CDCR

United States District Court, Ninth Circuit, California, E.D. California
Mar 5, 2015
2:15-cv-0221 CKD P (E.D. Cal. Mar. 5, 2015)
Case details for

Barger v. CDCR

Case Details

Full title:GARY DALE BARGER, Plaintiff, v. CDCR, Defendants.

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

Date published: Mar 5, 2015

Citations

2:15-cv-0221 CKD P (E.D. Cal. Mar. 5, 2015)