Denard Darnell Neal v. Richard Ives et al

Filing 3

ORDER TO SHOW CAUSE WHY REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES SHOULD NOT BE DENIED FOR FAILURE TO SUBMIT TRUST ACCOUNT STATEMENT by Magistrate Judge Kenly Kiya Kato. Response to Order to Show Cause due by 2/6/2015. (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

EDCV 15-97-VAP (KK)

Title

Denard Darnell Neal v. Warden Richard Ives, et al.

Present: The
Honorable

Date

January 23, 2015

Kenly Kiya Kato, United States Magistrate Judge

Deb Taylor

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Present

None Present

Proceedings:

(In Chambers) Order To Show Cause Why Request to Proceed Without
Prepayment of Filing Fees Should Not Be Denied for Failure to Submit
Trust Account Statement

On January 16, 2015, Plaintiff filed a pro se prisoner civil rights complaint
pursuant to 42 U.S.C. section 1983. With the complaint, plaintiff filed a request to
proceed without prepayment of filing fees. However, plaintiff failed to submit a certified
copy of plaintiff’s trust account statement for the last six months, as is required by 28
U.S.C. § 1915(a)(2) for prisoners seeking to bring a civil action without prepayment of
fees.
Accordingly, the court hereby issues this ORDER TO SHOW CAUSE why
plaintiff’s application to proceed without prepayment of filing fees should not be denied
for failure to submit a certified copy of his trust account statement. Plaintiff is ordered to
respond to this Order to Show Cause on or before February 6 2015. To respond to the
Order to Show Cause, plaintiff must do one of the following:
1.
Plaintiff may resubmit a Request to Proceed without Prepayment of Filing
Fees with Declaration in Support that includes the certificate of an authorized officer at
plaintiff’s current place of confinement and attaches a certified copy of plaintiff’s trust
account statement for the last 6 months in accordance with 28 U.S.C. § 1915(a)(2). A
copy of this form (CV-60P) is enclosed for plaintiff’s convenience.
2.
If for some reason plaintiff is unable to submit a certified copy of plaintiff’s
trust account statement, plaintiff may file a written response explaining why he is unable
to do so. Such written response must show good cause for plaintiff’s failure to submit a
trust account statement.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

EDCV 15-97-VAP (KK)

Date

Title

January 23, 2015

Denard Darnell Neal v. Warden Richard Ives, et al.

Plaintiff is cautioned that failure to respond to this Order to Show Cause as set
forth above will result in the denial of his application to proceed without prepayment of
filing fees.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2