Russi v. Vang

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2015 GRANTING plaintiff 14 days to submit a completed ifp application, along with a certified trust account statement; the Clerk shall send plaintiff an ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFREDO RUSSI,

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No. 2:15-cv-1130 GEB KJN P

Plaintiff,

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v.

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T. VANG, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. On June 2, 2015, plaintiff was ordered to file a completed in forma pauperis

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affidavit and a certified trust account statement within thirty days. Plaintiff failed to file either

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document, and failed to respond to the court order. On July 21, 2015, the undersigned filed

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findings and recommendations that recommended that this action be dismissed. On July 28,

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2015, plaintiff filed a prison trust account statement, but the statement is not certified by prison

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officials. Moreover, the previously submitted application to proceed in forma pauperis did not

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include the certificate portion that is required to be completed by prison officials. Title 28 U.S.C.

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§ 1915(a)(1) and (2) require that plaintiff provide such documents.

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In an abundance of caution, plaintiff is provided one final opportunity in which to file a

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completed in forma pauperis affidavit and a prison trust account statement for the last six month

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period which is certified by prison officials. The July 21, 2015 findings and recommendations are
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held in abeyance pending this additional period of time. Plaintiff is cautioned that failure to

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timely submit both certified documents will result in the dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted fourteen days from the date of this order in which to submit a

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completed application to proceed in forma pauperis, along with a prison trust account statement

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that is certified by prison officials;

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2. The Clerk of the Court is directed to send plaintiff an application to proceed in forma
pauperis by a prisoner; and
3. Failure to timely comply with this order will result in the dismissal of this action.
Dated: August 28, 2015

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/russ1130.ext

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