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Lonnie Clark Williams, Jr v. Johnny Willie

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


February 13, 2012

LONNIE CLARK WILLIAMS, JR., PLAINTIFF,
v.
JOHNNY WILLIE, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 302 and 28 U.S.C. § 636(b)(1).

The court will not rule on plaintiff's July 8, 2011 application to proceed in forma pauperis until plaintiff has provided the additional information required by this order.*fn1

Specifically, plaintiff will be required to respond to the following questions by way of declaration made under penalty of perjury and filed with the court.

First, plaintiff must inform the court whether he has used or been assigned any other prisoner identification number by the California Department of Corrections and Rehabilitation (CDCR). Plaintiff must set forth in his declaration all prisoner identification numbers he has been assigned, including those he is no longer using.

Second, plaintiff must clarify the number of lawsuits he has previously brought while a state or county prisoner. In the complaint now pending before this court, plaintiff states that he has filed only one previous lawsuit. Plaintiff is cautioned that the court's records indicate that he has filed several other lawsuits.

Third, plaintiff must inform the court whether any prior applications or requests to proceed in forma pauperis in any federal lawsuit has been denied pursuant to 28 U.S.C. § 1915(g) because he had on three or more occasions while incarcerated brought an action in a court of the United States that was dismissed on grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted.

Accordingly, IT IS HEREBY ORDERED that within twenty-one days from the service of this order, plaintiff shall file a declaration under penalty of perjury which responds to the questions set forth above. Plaintiff is cautioned that failure to comply with this court order will result in a recommendation that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).


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