Lacey v. Torruella et al

Filing 20

ORDER signed by Senior Judge Lloyd D. George on 9/30/2013 DISMISSING CASE. CASE CLOSED. (Donati, J)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT LACEY,

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2:07-cv-2254-LDG

Plaintiff,

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v.

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J. TORRUELLA, et al.,

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ORDER

Defendant.

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Plaintiff Robert Lacey submitted his complaint and application to proceed in forma

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pauperis (#1 and #2) on October 22, 2007. On April 9, 2008, Magistrate Judge Brennan

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subsequently issued an order indicating that the application was deficient because it did not contain

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“a certified copy of the trust fund account statement for plaintiff for the 6-month period

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immediately preceding the filing of the complaint . . . , obtained from the appropriate official of

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each prison at which the prisoner is or was confined.” (#5) On April 24, 2008, plaintiff submitted

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a new application for leave to proceed in forma pauperis (#6), but failed to comply with the section

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1915(a)(2) requisite that the trust account statement be “for the 6-month period immediately

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preceding the filing of the complaint.” Instead, he submitted a statement for the 6-month period of

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October 1, 2007, until April 15, 2008. Accordingly, Magistrate Judge Brennan granted plaintiff

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thirty days to file an account statement for the appropriate period, and directed that failure to

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comply with his order would result in the recommendation that the action be dismissed (#7). On

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August 11, 2008, plaintiff filed his third document in support of the request to proceed in forma

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pauperis (#8). A review of that document indicates that the trust fund account statement reported

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the incorrect period of January 1, 2008, through July 30, 2008; again failing to comply with the

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court’s order. Accordingly,

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THE COURT HEREBY ORDERS that this action is DISMISSED.

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DATED this _____ day of September, 2013.

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______________________________
Lloyd D. George
United States District Judge

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