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Daniel K. Chestang, Tiffany v. Yahoo Inc.

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


June 21, 2011

DANIEL K. CHESTANG, TIFFANY VIGIL, PLAINTIFFS,
v.
YAHOO INC., IN OFFICIAL CAPACITY, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff, a prisoner proceeding without counsel or "pro se," has filed a civil action*fn1 alleging copyright infringement by defendant Yahoo Inc. (Dkt. Nos. 2, 5) and an Application to Proceed In Forma Pauperis (the "Application") (Dkt. No. 17) pursuant to 28 U.S.C. § 1915. However, the "Certificate" portion of the Application must be filled out by plaintiff's institution of incarceration, and that portion was not completed. (Dkt. No. 17 at 2 (the"Certificate" portion on the second page of the Application is neither completed nor signed by an authorized officer at plaintiff's institution of incarceration).) Also, plaintiff did not file a certified copy of his prison trust account statement for the full six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2).

An order dated June 6, 2011, provided plaintiff with a second opportunity to submit a completed Application to Proceed In Forma Pauperis and a certified copy of his prison trust account statement in support of his Application. (Dkt. No. 22.) Plaintiff filed a document he described as an "Amended" Application on June 8, 2011. (Dkt. No. 23.) Rather than correct the specific deficiencies described in the order, however, it appears that on June 8, 2011, plaintiff simply re-filed his original Application or something substantially similar to it. (Compare Dkt. No. 17 with Dkt. No. 23.) Needless to say, the Application to Proceed In Forma Pauperis that plaintiff filed on June 8, 2011, still does not include a completed "Certificate" portion (on the second page of the Application), and does not include a certified copy of plaintiff's prison trust account statement for the six months prior to the complaint's filing. See 28 U.S.C. § 1915(a)(2). Accordingly, the Application plaintiff filed on June 8, 2011, is still incomplete.

Plaintiff will be given one more opportunity to follow the court's orders and to provide a complete Application. Plaintiff's failure to comply with this order may result in the dismissal of this action without prejudice.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court:

a. A complete Application to Proceed In Forma Pauperis By a Prisoner, including a completed and signed "Certification" at the bottom of the Application's second page; and

b. a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint.

2. The Clerk of the Court is directed to send plaintiff a new Application toProceed In Forma Pauperis By a Prisoner; and

3. Plaintiff's failure to comply with this order may result in the dismissal of this action without prejudice.

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

No. 2: 11-cv-00989-MCE-KJN

DANIEL K. CHESTANG, TIFFANY VIGIL, Plaintiffs, v. YAHOO INC., in official capacity, Defendant.

NOTICE OF SUBMISSION

Plaintiff hereby submits the following document in compliance with the court's order filed Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement.

DATED:

Plaintiff


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