IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 11, 2010
SHAKA SENEGAL MUHAMMAD, PLAINTIFF,
D. K. SISTO, WARDEN, ET AL., DEFENDANTS.
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.
Plaintiff's in forma pauperis application is incomplete because plaintiff did not attach 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). In addition, the certificate portion of plaintiff's in forma pauperis application is more than six months old. Plaintiff's incomplete application will be denied with leave to file a properly completed application to proceed in forma pauperis.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's January 19, 2010 application 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 prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a prison 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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