Free Order - District Court of California - California

Case 5:08-cv-02192-JF

Document 6

Filed 06/06/2008

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TODD D. PICKENS, Petitioner, v. BEN CURRY, Warden, Respondent. / (Docket No. 5) No. C 08-2192 JF (PR) ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

Petitioner, a state prisoner proceeding pro se, filed the above titled action challenging his medical care and treatment at the Correctional Training Facility in Soledad, California. The Court dismissed the habeas action without prejudice on May 8, 2008, because Petitioner's claims were more appropriately addressed in a civil rights complaint pursuant to 42 U.S.C. §1983, as challenging conditions of confinement. After the case was dismissed and judgment entered, petitioner filed a motion to proceed in forma pauperis (Docket No. 5) on May 16, 2008. However, the application is deficient because petitioner failed to attach a completed Certificate of Funds in Prisoner's Account signed by an authorized prison official. Accordingly, the motion is DENIED. IT IS SO ORDERED.
5/30/08 DATED: _______________

___________________________________ JEREMY FOGEL United States District Judge

Order Denying Motion for Leave to Proceed IFP P:\PRO-SE\SJ.JF\HC.08\Pickens192.deny-ifp.wpd