Hill, et al. v. Bakersfield Police Department

Filing 6

ORDER to submit IFP application with certified copy of trust account statement or to pay $250.00 filing fee. Filing due by 3/20/2006. Signed by Judge Sandra M. Snyder on 2/12/06. (IFP application form sent to plaintiff.)(Keeler, P)

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(NEW DJ) Hill, et al. v. Bakersfield Police Department Doc. 6 Case 1:05-cv-00128-REC Document 6 Filed 02/13/2006 Page 1 of 2 Case 1:06-cv-00128-OWW-TAG Document 6 Filed 02/13/2006 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 Plaintiff is proceeding pro se with an action for damages 18 and other relief concerning alleged civil rights violations. The 19 matter has been referred to the Magistrate Judge pursuant to 28 20 U.S.C. 636(b) and Local Rules 72-302 and 72-304. 21 Pending before the Court is Plaintiff's application to 22 proceed in forma pauperis, filed on February 6, 2006, along with 23 Plaintiff's complaint. 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 1 Dockets.Justia.com ANTHONY HILL, ) ) Plaintiff, ) ) ) v. ) ) BAKERSFIELD POLICE DEPARTMENT,) ) Defendant. ) ) ) 1:05-cv-00128-REC-SMS ORDER DIRECTING PLAINTIFF TO FILE WITHIN THIRTY DAYS OF SERVICE OF THIS ORDER A COMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. 2) ORDER DIRECTING THE CLERK TO SEND TO PLAINTIFF WITH THIS ORDER A BLANK APPLICATION TO PROCEED IN FORMA PAUPERIS FOR A PERSON IN CUSTODY Case 1:05-cv-00128-REC Document 6 Filed 02/13/2006 Page 2 of 2 Case 1:06-cv-00128-OWW-TAG Document 6 Filed 02/13/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 includes the entire six-month period immediately preceding the filing of the complaint. See 28 U.S.C. 1915(a)(2). In the Court's experience, the Fresno County Jail, the site of Plaintiff's incarceration, customarily provides a statement of account to prisoners who are submitting applications to proceed in forma pauperis. Plaintiff will be provided the opportunity either to pay the $250.00 filing fee or submit a completed application, with a signed certificate, and an original certified copy of his trust account statement covering the full six-month period in support of his request to proceed in forma pauperis. In accordance with the above, IT IS HEREBY ORDERED that 1) Within thirty days of the date of service of this order, Plaintiff shall either submit a completed application to proceed in forma pauperis, including a signed certificate and an original certified copy of his prison trust account statement for the sixmonth period immediately preceding the filing of the complaint, or, in the alternative, pay the $250.00 filing fee for this action; Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed; and 2) The Clerk IS DIRECTED to send to Plaintiff with this order a blank application to proceed in forma pauperis for a person in custody. IT IS SO ORDERED. Dated: icido3 February 12, 2006 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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