IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 5, 2008
QUINTON MARASTON, PLAINTIFF,
B. JIMINEZ, ET AL., DEFENDANTS.
Plaintiff, currently confined at San Joaquin County Jail, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On August 6, 2008, plaintiff was directed to submit a properly completed in forma pauperis application form. In response to the court's order, plaintiff has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
Plaintiff's in forma pauperis application does not include a San Joaquin County Jail official's certification. See 28 U.S.C. § 1915(a)(2). Plaintiff's incomplete application will be denied with leave to file a properly completed application to proceed in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's August 27, 2008 application to proceed in forma pauperis (Doc. No. 6) is denied without prejudice;
2. Plaintiff shall submit, within thirty days from the date of this order a properly completed in forma pauperis application that includes a certified copy of plaintiff's trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a San Joaquin County Jail official's certification; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice; and
3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.
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