Sample v. Solano County Jail et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/09 ORDERING that the plaintiff is to submit a trust account statement or institutional equivalent that complies with 28 U.S.C. § 1915(a)(2) within 30 days from the date this order is served; clerk is directed to send plaintiff an application to proceed IFP. (Attachments: # 1 IFP Application) (Gaydosh, J)

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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 vs. SOLANO COUNTY JAIL, et al., Defendants. / Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a)(1). Section 1915(a)(2) requires "a prisoner seeking to bring a civil action without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained from the appropriate official of each prison at which the prisoner is or was confined." (emphasis added). The statute requires jail or prison officials to certify the trust account statement or institutional equivalent. Although plaintiff submitted a certificate, he signed it himself. Plaintiff has not complied with 1915(a)(2). 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES E. SAMPLE, SR., Plaintiff, No. CIV S-09-0504 EFB P ORDER 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 Accordingly, plaintiff has 30 days from the date this order is served to submit a trust account statement or institutional equivalent that complies with 28 U.S.C. 1915(a)(2). The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. Failure to comply with this order will result in a recommendation that this action be dismissed. So ordered. DATED: April 14, 2009. 2

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