Tenerelli v. Shasta County Jail et al

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/8/14 ORDERING that Plaintiff has 30 days from the date this order is served to submit the required affidavit and trust account statement. Failure to comply with this order may result dismiss al of this case. The Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner. The Clerk of the Court shall amend the title to docket entry number 9 , as it is not a first amended comp laint. Rather, it is a collection of exhibits, including an affidavit for a waiver of fees. The Clerk of the Court shall amend the title to docket entry number 8 (or otherwise disregard the filing), as it is not a clear indication of plaintiffs consent to the jurisdiction of a magistrate judge, and plaintiff previously declined to consent to such jurisdiction. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK TENERELLI,

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Plaintiff,

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No. 2:14-cv-553-WBS-EFB P

v.

ORDER

SHASTA COUNTY JAIL, et al.,

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Defendants.

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Plaintiff, a county inmate without counsel, has filed a complaint alleging civil rights

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violations pursuant to 42 U.S.C. § 1983. He has submitted an “affidavit for waiver of

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government claims filing fee,” but has not submitted an affidavit for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915(a)(1). Nor has he submitted a certified trust account

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statement.
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, IT IS HEREBY ORDERED that:

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Plaintiff has 30 days from the date this order is served to submit the required affidavit

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and trust account statement. Failure to comply with this order may result dismissal of

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this case.

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2. The Clerk of the court is directed to send to plaintiff a new form Application to
Proceed In Forma Pauperis by a Prisoner.
3. The Clerk of the Court shall amend the title to docket entry number 9, as it is not a

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“first amended complaint.” Rather, it is a collection of exhibits, including an affidavit

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for a waiver of fees.

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4. The Clerk of the Court shall amend the title to docket entry number 8 (or otherwise

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disregard the filing), as it is not a clear indication of plaintiff’s consent to the

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jurisdiction of a magistrate judge, and plaintiff previously declined to consent to such

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jurisdiction. See ECF No. 5.

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Dated: April 8, 2014.

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