(NEW DJ) Mitchell v. Garcia et al Doc.

Case 1:06-cv-00008-OWW-SMS Document 5 Filed 01/12/2006 Page 1 of 2

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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10 SHAULTON MITCHELL, ) 1:06-cv-008-REC-SMS
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11 Plaintiff, ) ORDER DIRECTING PLAINTIFF TO FILE
) A COMPLETED IN FORMA PAUPERIS
12 ) APPLICATION WITH CERTIFICATE AND
v. ) TRUST ACCOUNT STATEMENT (DOC. 2)
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MS. GARCIA, et al., ) ORDER DIRECTING THE CLERK TO SEND
14 ) TO PLAINTIFF A BLANK IN FORMA
Defendants. ) PAUPERIS APPLICATION
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17 Plaintiff is a state prisoner proceeding pro se with an
18 action for damages and other relief concerning alleged civil
19 rights violations. The matter has been referred to the Magistrate
20 Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and
21 72-304.
22 Pending before the Court is Plaintiff’s application to
23 proceed in forma pauperis, filed on January 3, 2006.
24 Plaintiff’s application was incomplete. The “Certificate of
25 Authorized Officer” was not dated or signed. Further, Plaintiff
26 did not submit a trust account statement. Plaintiff is required
27 to submit an original, signed prison trust account statement that
28 includes the entire six-month period immediately preceding the

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 Case 1:06-cv-00008-OWW-SMS Document 5 Filed 01/12/2006 Page 2 of 2

1 filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff

2 will be provided the opportunity either to pay the $250.00 filing
3 fee or submit a completed application, with a signed certificate,
4 and an original certified copy of his trust account statement
5 covering the full six-month period in support of his request to
6 proceed in forma pauperis.
7 In accordance with the above, IT IS HEREBY ORDERED that
8 within thirty days of the date of service of this order,
9 Plaintiff shall either submit a completed application to proceed
10 in forma pauperis, including a signed certificate and an original
11 certified copy of his prison trust account statement for the six-
12 month period immediately preceding the filing of the complaint,
13 or, in the alternative, pay the $250.00 filing fee for this
14 action. Plaintiff’s failure to comply with this order will result
15 in a recommendation that this action be dismissed.
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17 IT IS SO ORDERED.
18 Dated: January 11, 2006 /s/ Sandra M. Snyder
icido3 UNITED STATES MAGISTRATE JUDGE
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