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Dewitt v. Sacramento Police Department

September 4, 2009

DURAN D. DEWITT, PLAINTIFF,
v.
SACRAMENTO POLICE DEPARTMENT, ET AL., DEFENDANTS.



ORDER

Plaintiff, currently confined at the Rio Cosumnes Correctional Center ("RCCC"), is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Although plaintiff has filed an application to proceed in forma pauperis, plaintiff's application does not include a certified copy of plaintiff's trust account statement for the six-month period immediately preceding the filing of the complaint in this action or an RCCC 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 motion to proceed in forma pauperis (Doc. No. 2) 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 an RCCC 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.

20090904

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