Jenkins v. Bonds et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/13 ordering plaintiff has 30 days from the date this order is served to submit the required 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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEE JENKINS, JR.,

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No. 2:13-cv-2151-EFB P

Plaintiff,
v.

ORDER

BONDS, et al.,
Defendants.

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Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations

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pursuant to 42 U.S.C. § 1983. Once again, he has submitted an affidavit requesting leave to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). He has also submitted a trust

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account statement, but it is not certified as required.

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Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment

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of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall

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submit a certified copy of the trust fund account statement (or institutional equivalent) for the

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prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained

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from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff

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has not submitted a certified copy of his trust account statement or the institutional equivalent.

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He may comply with this requirement by having prison officials complete the “Certificate”

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portion of the form application for leave to proceed in forma pauperis.
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Accordingly, plaintiff has 30 days from the date this order is served to submit the required

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trust account statement. Failure to comply with this order will result in a recommendation that

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this action be dismissed. The Clerk of the Court is directed to send to plaintiff a new form

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Application to Proceed In Forma Pauperis by a Prisoner.

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So ordered.
Dated: December 12, 2013.

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