Spencer v. Virga et al

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 11/19/2013 ORDERING plaintiff to submit, within 30 days, a completed affidavit in support of his request to proceed in forma pauperis and a certified trust account statement.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THURMAN LEROY SPENCER,

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No. 2:13-cv-1626 AC P

Plaintiff,
v.

ORDER

TIMOTHY VIRGA,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983 together with a request for leave to proceed in forma pauperis (“IFP”) pursuant to

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28 U.S.C. § 1915. On August 20, 2013, the court ordered plaintiff to submit, within 30 days, a

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completed affidavit in support of his motion to proceed in forma pauperis and a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of his

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August 7, 2013 complaint. See 28 U.S.C. § 1915(a)(2). He was granted a sua sponte extension of

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time to comply with this order on September 27, 2013. ECF No. 7. To date, plaintiff has not

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filed the required affidavit or prison trust account statement. However, on November 6, 2013

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plaintiff filed a notice indicating that he sent the prison trust account statement to the Accounting

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Office at the California Health Care Facility where he is currently housed. ECF No. 9. The court

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will construe this notice as a request for an extension of time to comply with this court’s August

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19, 2013 order. So construed, the request will be granted. Plaintiff will be provided one last
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opportunity to submit the completed application and the prison trust account statement.

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In accordance with the above, IT IS ORDERED that:

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affidavit in support of his request to proceed in forma pauperis on the form previously

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provided by the Clerk of Court and a certified copy of his prison trust account

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statement for the six month period immediately preceding the filing of his August 7,

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2013 complaint. Plaintiff’s failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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Plaintiff shall submit, within thirty days from the date of this order, a completed

DATED: November 19, 2013

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