Johnson v. Lee et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/2010 ORDERING that pltf has 30 days to file the required trust acct statement; the clerk to send pltf a new ifp form. (Yin, K)

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(PC) Johnson v. Lee et al Doc. 6 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. J. LEE, 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." Plaintiff has submitted a copy of his trust account statement, but it is not certified as required by the statute. He may comply with 1915(a)(2) by having prison officials complete the "Certificate" portion of the form application for leave to proceed in forma pauperis or submitting 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHESTER JOHNSON, Plaintiff, No. CIV S-09-2076 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 a trust account statement for the 6-month period immediately preceding the filing of his complaint that has been certified by prison officials. Accordingly, plaintiff has 30 days from the date this order is served to submit the required trust account statement. Failure to comply with this order will result in a recommendation that this action be dismissed. The Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner. So ordered. Dated: August 25, 2010. 2

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