Ortiz v. Commissioner of Social Security

Filing 4

ORDER DIRECTING SUBMISSION OF CERTIFIED TRUST ACCOUNT STATEMENT. IS HEREBY ORDERED that: 1. Within forty-five (45) days from the date of service of this order, Plaintiff shall submit a copy certified copy of his prison trust account statement that c overs the 6-month period immediately preceding the filing of this action. 2. No extension of time will be granted without a showing of good cause; and 3. The failure to comply with this order will result in a recommendation that this action be dismissed. Order signed by Magistrate Judge Barbara A. McAuliffe on 1/4/2018. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEXIS ORTIZ,
Plaintiff,

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Case No. 1:17-cv-01611-BAM
ORDER DIRECTING SUBMISSION OF
CERTIFIED TRUST ACCOUNT
STATEMENT

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.
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Plaintiff Alexis Ortiz (“Plaintiff”), a state prisoner proceeding with counsel, filed this

16 civil action for review of a final decision of the Commissioner of Social Security on December 4,
17 2017. (Doc. 1.) Plaintiff also filed an application seeking leave to proceed in forma pauperis
18 pursuant to 28 U.S.C. § 1915. (Doc. 2.) However, the application was not complete.
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Plaintiff is advised that a prisoner who brings a civil action in forma pauperis is required

20 to pay the full amount of the filing fee in installments when funds are available in his prison trust
21 account. 28 U.S.C. § 1915(b)(1). Although Plaintiff filed the requisite affidavit to proceed in
22 forma pauperis, he failed to submit a certified copy of his trust account statement (or institutional
23 equivalent) for the 6-month period immediately preceding the filing of the complaint, obtained
24 from the appropriate correctional official. 28 U.S.C. § 1915(a)(2).
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within forty-five (45) days from the date of service of this order, Plaintiff shall

27 submit a copy certified copy of his prison trust account statement that covers the 6-month period
28 immediately preceding the filing of this action.

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2.

No extension of time will be granted without a showing of good cause; and

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3.

The failure to comply with this order will result in a recommendation that this

3 action be dismissed.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 4, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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