Logan v. Horwitz, et al.

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 3/24/2015 ORDERING plaintiff to submit, within 30 days, a certified copy of his prison trust account statement. Plaintiff's failure to comply will result in a recommendation that this action be dismissed without prejudice.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES DAVID LOGAN, II,

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No. 2:15-cv-0121 AC P

Plaintiff,
v.

ORDER

EVALYN HORWITZ, et al.,
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. The court has twice ordered plaintiff to file a completed request for leave to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915 that includes a certified copy of his

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

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complaint. ECF Nos. 4, 9. Although plaintiff has filed an application to proceed in forma

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pauperis in response to both orders, both times he has failed to provide a certified copy of his

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prison trust account statement. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided one final

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opportunity to submit the certified copy of his prison trust account statement for the six month

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period immediately preceding the filing of the complaint. He will not be required to file another

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application to proceed in forma pauperis. Plaintiff is advised that failure to provide a certified

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copy of his prison trust account statement will result in denial of his application to proceed in

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forma pauperis and a recommendation that his action be dismissed without prejudice.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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

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

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action be dismissed without prejudice.

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DATED: March 24, 2015

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