Smith v. Albee et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/15 ordering plaintiff is granted 30 days from the date of this order, to pay the filing fee or submit a completed in forma pauperis affidavit on the form used by this district along with a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. The clerk of the court is directed to send to plaintiff an application to proceed in forma pauperis by a prisoner.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LENOIR SMITH,

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No. 2:15-cv-1598 KJN P

Plaintiff,
v.

ORDER

DARREN ALBEE, et al.,
Defendants.

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By order filed July 29, 2015, plaintiff was directed to pay the $400.00 filing fee or file a

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completed in forma pauperis affidavit, within thirty days. On August 31, 2015, plaintiff filed a

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letter stating that he mailed his request to proceed in forma pauperis to the inmate trust account

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office at Corcoran State Prison, but that “no counselor has appeared to receive the self-addressed

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stamped envelope to mail said affidavit, which is provided to the counselor by CSP inmate trust

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account prison personnel upon verification.” (ECF No. 4.) Plaintiff claims he is “still waiting for

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prison officials to do their jobs.” (Id.)

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Plaintiff is advised that this action cannot proceed until he pays the filing fee or submits a

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completed application to proceed in forma pauperis and prison trust account statement which are

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certified by prison officials. Plaintiff must follow up with prison officials to ensure that the

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required documents are submitted to the court. Failure to provide these documents will result in

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the dismissal of this action. Fed. R. Civ. P. 41(b). In an abundance of caution, plaintiff is granted

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an extension of time in which to submit the appropriate documents. However, failure to comply

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with this order will result in the dismissal of this action.

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IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days from the date of this order in which to pay the filing fee

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or submit a completed in forma pauperis affidavit on the form used by this district, along with a

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

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preceding the filing of the complaint. Plaintiff’s failure to comply with this order will result in

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the dismissal of this action without prejudice. Fed. R. Civ. P. 41(b).

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2. The Clerk of the Court is directed to send plaintiff an application to proceed in forma

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pauperis by a prisoner.

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Dated: September 17, 2015

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/albe1598.36

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