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Cervantes v. Porter

United States District Court, Eastern District of California
Nov 14, 2022
2:22-cv-1961 AC P (E.D. Cal. Nov. 14, 2022)

Opinion

2:22-cv-1961 AC P

11-14-2022

RAUL VALENZUELA CERVANTES, Plaintiff, v. PORTER, et al., Defendants.


ORDER

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

Plaintiff, a state prisoner currently being detained at the Metropolitan Detention Center in Los Angeles, California who is 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. ECF No. 1, 2. However, the second page of the application is missing. This page contains a certificate portion of the request which must be completed by plaintiff's institution of incarceration.

In addition, plaintiff has not filed a certified copy of his inmate 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 completed in forma pauperis application and a certified copy of his inmate trust account statement in support of his application.

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

1. The Clerk of Court shall send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner;

2. Plaintiff's request to proceed in forma pauperis (ECF No. 2) is DISREGARDED as incomplete, and

3. Within thirty days from the date of this order, plaintiff shall submit the following:

a. A completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, and

b. A certified copy of his inmate 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.


Summaries of

Cervantes v. Porter

United States District Court, Eastern District of California
Nov 14, 2022
2:22-cv-1961 AC P (E.D. Cal. Nov. 14, 2022)
Case details for

Cervantes v. Porter

Case Details

Full title:RAUL VALENZUELA CERVANTES, Plaintiff, v. PORTER, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 14, 2022

Citations

2:22-cv-1961 AC P (E.D. Cal. Nov. 14, 2022)