Colbert v. Mule Creek State Prison

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/2014 ORDERING, plaintiff to submit the required trust account statement within 30 days; and the Clerk shall send plaintiff a new ifp form. (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 DALE COLBERT, 12 13 14 No. 2:14-cv-2319-EFB P Plaintiff, v. ORDER MULE CREEK STATE PRISON, Warden, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915(a)(1). He has not, however, submitted a certified trust account 20 statement. 21 Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment 22 of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall 23 submit a certified copy of the trust fund account statement (or institutional equivalent) for the 24 prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained 25 from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff 26 has not submitted a certified copy of his trust account statement or the institutional equivalent. 27 He may comply with this requirement by having prison officials complete the “Certificate” 28 portion of the form application for leave to proceed in forma pauperis. 1 1 Accordingly, plaintiff has 30 days from the date this order is served to submit the required 2 trust account statement. Failure to comply with this order may result dismissal of this case. The 3 Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma 4 Pauperis by a Prisoner. 5 So ordered. 6 Dated: October 20, 2014. 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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