Opinion
No. 2:12-cv-0038 KJN P
02-09-2012
DERWIN BUTLER, SR., Plaintiff, v. UNKNOWN, Defendants.
ORDER
Plaintiff, a state prisoner proceeding without counsel, 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, the certificate portion of the request which must be completed by plaintiff's institution of incarceration has not been filled out. Also, 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). Therefore, plaintiff will be provided the opportunity to submit a completed in forma pauperis application and a certified copy in support of his application.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Within twenty-one days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court:
a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and
b. a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint.
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's failure to comply with this order may result in the dismissal of this action without prejudice.
______________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
DERWIN BUTLER, SR.,
Plaintiff,
vs.
UNKNOWN,
Defendants.
No. 2:12-cv-0038 KJN P
NOTICE OF SUBMISSION
Plaintiff hereby submits the following document in compliance with the court's order filed ______________________:
___________ Complete Application to Proceed In Forma Pauperis
By a Prisoner/Certified Copy of Prison Trust Account Statement
______________________
Plaintiff