Barros v. Minnick

Full title: JOHN BARROS, Plaintiff, v. M. MINNICK, et al., Defendants

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

Date published: Jan 25, 2011

No. CIV S-11-0006 DAD P (E.D. Cal. Jan. 25, 2011)

Opinion

No. CIV S-11-0006 DAD P.

January 25, 2011

ORDER

DALE 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 pursuant to 28 U.S.C. § 1915. However, plaintiff did not sign his application and the certificate portion of the request was not completed by plaintiff's institution of incarceration. Moreover, plaintiff has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a new in forma pauperis application and a certified copy of his prison trust account statement.

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

1. Plaintiff shall submit, within thirty days from the date of this order, a new affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court;

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 certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

DATED: January 24, 2011.