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Ruben J. Bontty v. Rhode

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


March 2, 2011

RUBEN J. BONTTY, PLAINTIFF,
v.
RHODE, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983.

On January 13, 2011, and again on February 2, 2011, the court instructed plaintiff to pay the filing fee or submit 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. On February 8, 2011, and February 17, 2011, plaintiff submitted new in forma pauperis applications to this court. However, plaintiff has failed to include a certified copy of his prison trust account statement and a prison official's certification. He also failed to sign his February 17, 2011 application.

Plaintiff's incomplete applications will be denied without prejudice. In the interest of justice, the court will grant plaintiff one more opportunity to file a properly completed application to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(2).

Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's February 8, 2011, and February 17, 2011, applications to proceed in forma pauperis (Doc. Nos. 7 & 8) are denied without prejudice; 2. Plaintiff shall submit within thirty days from the date of this order a properly completed in forma pauperis application that is signed and 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.

DAD:9 bont3479.3e(2)

20110302

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