Ahmed v. Duffy

Full title: SAIYEZ AHMED, Plaintiff, v. BRIAN DUFFY, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 20, 2015

2:15-cv-1470 AC P (E.D. Cal. Jul. 20, 2015)

Opinion

SAIYEZ AHMED, Plaintiff, v. BRIAN DUFFY, et al., Defendants. No. 2:15-cv-1470 AC P United States District Court, E.D. California. July 20, 2015

          ORDER

          ALLISON CLAIRE, Magistrate Judge.

         Plaintiff, a state prisoner proceeding 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. Also, plaintiff has not filed a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a completed in forma pauperis application and a certified copy of his prison trust account statement.

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

         1. Plaintiff shall, within thirty days from the filing date of this order, submit a completed affidavit in support of his request to proceed in forma pauperis on the form provided herewith by the Clerk of Court;

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

         3. Plaintiff shall, within thirty days from the filing date of this order, submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of plaintiff's complaint. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.