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Martinez v. Fischer

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


March 2, 2010

JESSE MARTINEZ, PLAINTIFF,
v.
EVERETT W. FISCHER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. While plaintiff filed a copy of his prison trust account statement, he did not file an in forma pauperis affidavit. See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff is granted twenty-eight days to file his in forma pauperis affidavit.

In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff shall submit, within twenty-eight days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; plaintiff's failure to comply with this order will result in the dismissal of this action; and

2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner.

20100302

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