King v. Wang et al

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 8/12/2014 ORDERING plaintiff to submit, within 30 days, a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID KING, 12 Plaintiff, 13 14 No. 2:14-cv-1817 DAD P v. ORDER WANG, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account 20 statement for the six-month period immediately preceding the filing of his complaint.1 See 28 21 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit the appropriate 22 statement. In accordance with the above, IT IS HEREBY ORDERED that plaintiff shall submit, 23 24 within thirty days from the date of this order, a certified copy of his prison trust account statement 25 ///// 26 1 27 28 Although plaintiff filed his complaint on August 1, 2014, he submitted a prison trust account that is current only through April 3, 2014. (See ECF No. 2 at 3.) The statute requires that this court assess the “average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint[.]” 28 U.S.C. § 1915(b)(1)(B). 1 1 for the six-month period immediately preceding the filing of his complaint. Failure to comply 2 with this order will result in a recommendation that this action be dismissed without prejudice. 3 Dated: August 12, 2014 4 5 6 DAD:4 king1817.3c.new.6mo. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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