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Nguyen v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 8, 2008

PHUONG NGUYEN, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with an application 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 in this action. 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 prison trust account statement for the relevant six-month period.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff shall complete the attached Notice of Submission of Document and submit it to the court, within thirty days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of the Court;

2. Plaintiff shall also submit, within thirty days from the date of this order, a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action. 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 a new Application to Proceed In Forma Pauperis By a Prisoner.

NOTICE OF SUBMISSION OF DOCUMENT

Plaintiff hereby submits the following document in compliance with the court's order filed Application to proceed in forma pauperis with certified trust account statement for the six-month period preceding the filing of this action.

20080908

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