Samad v. Adraktas, et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/29/09 ordering plaintiff has 30 days from the date this order is served to submit the required affidavit, certificate and trust account statement. The clerk of the court is directed to send to plaintiff a new form application to proceed in forma pauperis by a prisoner. (Plummer, M)

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. STEPHANIE M. ADRAKTAS, et al., Defendants. / Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. § 1983. He requests leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). However, petitioner has not submitted the affidavit and trust account statement required by 28 U.S.C. § 1915(a). 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 not submitted an affidavit, nor has he submitted a certified copy of his trust account statement or the institutional equivalent.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALAMIN SAMAD, Plaintiff, No. CIV S-09-2425 GEB EFB P

ORDER

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Accordingly, plaintiff has 30 days from the date this order is served to submit the required affidavit, certificate and 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: October 29, 2009.

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