Rogers v Duffy

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 2/11/15 ORDERING that plaintiff is granted thirty days from the date of this order to file a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL D. ROGERS,

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No. 2:15-cv-0123 KJN P

Plaintiff,
v.

ORDER

WARDEN DUFFY,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel. By order filed January 21, 2015,

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plaintiff was granted thirty days in which to file a certified copy of his prison trust account

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statement for the six month period immediately preceding the filing of the complaint. On January

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29, 2015, and February 6, 2015, plaintiff filed responses claiming that he believed the prison trust

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account office sent the certified trust account statement to the Northern District. (ECF Nos. 11,

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12.) However, the court has checked the records for the Northern District through CM/ECF, and

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the only case of record for plaintiff was terminated on December 16, 2013, and no trust account

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statement was recently filed therein. (Case No. 3:13-cv-2567.) Therefore, plaintiff will be

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provided an extension of time to submit the certified copy of his prison trust account statement to

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this court.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date
of this order to file a certified copy of his prison trust account statement for the six month period
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immediately preceding the filing of the complaint. Plaintiff’s failure to comply with this order

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will result in a recommendation that this action be dismissed without prejudice.

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Dated: February 11, 2015

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/roge0123.36

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