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Edwin Mcmillan v. A. Pfile

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


March 28, 2013

EDWIN MCMILLAN, PLAINTIFF,
v.
A. PFILE, ET AL., DEFENDANTS.

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

ORDER

Plaintiff, a state prisoner proceeding without counsel or "pro se," has filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request, which must be completed by plaintiff's institution of incarceration, has not been filled out. Nor has plaintiff filed a certified copy of his prison trust account statement for the six-month period preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore, plaintiff will be provided the opportunity to submit a completed in forma pauperis application with the required certifications.*fn1

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

1. Plaintiff shall submit, within thirty (30) days from the filing date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; and a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint.

2. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

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


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