Mitchell v. Tseng, et al.

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 6/3/15 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a complete copy of his certified 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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RANDY DALE MITCHELL,

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No. 2:15-cv-1029 AC P

Plaintiff,

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v.

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S. TSENG, et al.,

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ORDER

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. On May 22, 2015, plaintiff was directed to pay the filing fee or submit an

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application to proceed in forma pauperis. ECF No. 6. Plaintiff has now filed a request for leave

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to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a

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complete copy of his certified prison trust account statement for the six month period

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immediately preceding the filing of the complaint.1 See 28 U.S.C. § 1915(a)(2). Plaintiff will be

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provided the opportunity to submit a complete copy of his certified statement in support of his

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application to proceed in forma pauperis. He will not be required to file another application to

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proceed in forma pauperis. Plaintiff is advised that failure to comply with this order will result in

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denial of his application to proceed in forma pauperis and a recommendation that his action be

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dismissed without prejudice.

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The court has only received the first page of the certified statement showing the period of time
covered by the statement. ECF No. 7 at 3. The actual statement is not attached.
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In accordance with the above, IT IS HEREBY ORDERED that plaintiff shall submit,

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within thirty days from the date of this order, a complete copy of his certified prison trust account

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statement for the six month period immediately preceding the filing of the complaint. Plaintiff’s

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failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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DATED: June 3, 2015

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