Opinion
1:21-cv-01108-BAM (PC)
08-02-2021
PAUL PHELPS, Plaintiff, v. MANUEL PEREZ, et al., Defendants.
ORDER DENYING IN FORMA PAUPERIS APPLICATION WITHOUT PREJUDICE (ECF No. 2)
ORDER TO SUBMIT PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN FORTY-FIVE (45) DAYS
Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE
Plaintiff Paul Phelps (“Plaintiff”) is a county jail inmate proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff filed this action on July 22, 2021, (ECF No. 1), together with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, (ECF No. 2).
Plaintiff's application is incomplete. Although Plaintiff has signed the application, Plaintiff has failed to submit a certified copy of his trust account statement. Plaintiff must submit a completed form and a certified copy of his trust account statement if he wishes for the application to be considered.
Accordingly, IT IS HEREBY ORDERED as follows:
1. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is DENIED, without prejudice;
2. The Clerk of the Court is directed to serve this order and a blank in forma pauperis application for a prisoner on Plaintiff;
3. Within forty-five (45) days from the date of service of this order, Plaintiff shall file the attached application to proceed in forma pauperis, completed and signed, including a certified copy of his trust account statement for the past six months, or in the alternative, pay the $402.00 filing fee for this action;
4. No extension of time will be granted without a showing of good cause; and
5. Plaintiff is warned that the failure to comply with this order will result in dismissal of this action, without prejudice.
IT IS SO ORDERED.