Smith v. Perez et al

Filing 6

ORDER DIRECTING plaintiff to submit a new in forma pauperis application and certified copy of trust account statement or pay the filing fee of $350.00;Case Management DDL set for 7/23/2007 for receipt of same; order signed by Judge Dennis L. Beck on 6/18/07. (Attachments: # 1 in forma pauperis application) (Plaintiff served at VSPW, Post Office Box 92, Chowchilla, CA 93610 (W-91891))(Rooney, M)

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(DLB)(PC)Smith v. Perez et al Doc. 6 Case 1:07-cv-00822-ALA Document 6 Filed 06/18/2007 Page 1 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 -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 her prison trust account statement. However, plaintiff's application to proceed in forma pauperis did not include the required original signature by an authorized officer of the institution of incarceration. Additionally, the copy of plaintiff's prison trust account statement was not certified. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the /// vs. J. PEREZ, et al., Defendant. BARBARA S. SMITH, Plaintiff, 1:07-cv-00822-OWW-NEW-(DLB) (PC) ORDER TO SUBMIT NEW APPLICATION TO PROCEED IN FORMA PAUPERIS AND CERTIFIED COPY OF TRUST ACCOUNT STATEMENT OR PAY FILING FEE ORDER DIRECTING CLERK'S OFFICE TO SERVE ORDER ON PLAINTIFF AT VSPW DUE TO CHANGE OF ADDRESS NOT BEING EFFECTIVE UNTIL JULY 4, 2007 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 1:07-cv-00822-ALA Document 6 Filed 06/18/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 opportunity to submit a new application to proceed in forma pauperis and a certified copy of her trust account statement or pay the $350.00 filing fee. In accordance with the above, IT IS HEREBY ORDERED that: 1. Within thirty (30) days of the date of service of this order, plaintiff shall resubmit the in forma pauperis application, along with a certified copy of her 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; 2 Failure to comply with this order will result in a recommendation that this action be dismissed; and 3. Because plaintiff's change of address is not effective until July 4, 2007, the Clerk's Office shall serve this order on plaintiff at Valley State Prison for Women. IT IS SO ORDERED. Dated: i0d3h8 June 18, 2007 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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