Nelson v. Costello, et al

Filing 4

ORDER DIRECTING plaintiff to resubmit certified copy of trust account statement or pay the mandatory filing fee of $350.00;Case Management DDL set for 7/18/2007 for receipt of same; order signed by Judge Sandra M. Snyder on 6/14/07. (Rooney, M)

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(PC) Nelson v. Costello, et al Doc. 4 Case 1:07-cv-00802-LJO-SMS Document 4 Filed 06/14/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 vs. 14 SHEILA COSTELLO, et al., 15 Defendants. 16 / 17 18 19 20 21 22 23 24 25 26 -1Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 28 U.S.C. §1983, together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 and a copy of his prison trust account statement. However, the "Certificate" section of plaintiff's in forma pauperis application was not completed by a prison official and the copies of plaintiff's prison trust account statements were not certified. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to either pay the $350.00 filing fee or submit a completed application to proceed in forma pauperis, including a certified copy of his trust account statement. TARZA R. NELSON, Plaintiff, ORDER TO SUBMIT CERTIFIED COPYOF TRUST ACCOUNT STATEMENT OR PAY FILING FEE 1:07-cv-00802-LJO-SMS (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 1:07-cv-00802-LJO-SMS Document 4 Filed 06/14/2007 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 In accordance with the above, IT IS HEREBY ORDERED that within thirty (30) days of the date of service of this order, plaintiff shall file a completed in forma pauperis application, along with a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint, or in the alternative, pay the $350.00 filing fee for this action. Failure to comply with this order will result in a recommendation that this action be dismissed. IT IS SO ORDERED. Dated: i0d3h8 June 14, 2007 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE -2-

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