Billinger v. Church

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 4/17/15 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, 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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ALBERT BILLINGER,

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No. 2:15-cv-0419 AC P

Plaintiff,

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v.

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DR. CHURCH,

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ORDER

Defendant.

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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. On March 10, 2015, plaintiff was directed to submit a completed application to

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proceed in forma pauperis and certified copy of his prison trust account statement. ECF No. 12.

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Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. ECF No. 15. Plaintiff has not, however, filed 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. See 28

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U.S.C. § 1915(a)(2). Plaintiff will be provided an opportunity to submit the 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. He will not be required to file another application to proceed in forma pauperis.

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Plaintiff is advised that failure to provide a certified copy of his prison trust account statement

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will result in denial of his application to proceed in forma pauperis and a recommendation that his

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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: April 17, 2015

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