Opinion
Case No. 3:12-CV-00357-PMP-(VPC)
07-13-2012
INGINIO HERNANDEZ Plaintiff, v. PUL MALAY, et al., Defendants.
ORDER
Plaintiff, who is a prisoner in custody at Ely State Prison, see 28 U.S.C. § 1915(h), has submitted a document titled "Notice of Intention to File as Claim" that the court construes as a complaint. The court dismisses this action because plaintiff did not pay the filing fee, nor did he submit an application to proceed in forma pauperis with a financial certificate and a copy of his inmate account statement, as required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2.
IT IS THEREFORE ORDERED that the clerk of the court shall send plaintiff a blank form for an application to proceed in forma pauperis for incarcerated litigants and a blank civil rights complaint form with instructions.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to plaintiff's commencement of a new action in which he either pays the filing fee in full or submits a complete application to proceed in forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account. The clerk of the court shall enter judgment accordingly.
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PHILIP M. PRO
United States District Judge