Oliver v. Pfeiffer et al

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/09/15 ordering plaintiff has 30 days from the date this order is served to submit the required trust account statement. The clerk of the court is directed to send to plaintiff a new form application to proceed in forma pauperis by a prisoner and to terminate docket number 15 . (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS E. OLIVER, 12 Plaintiff, 13 14 No. 2:15-cv-1980-EFB P v. ORDER OFFICER PFEIFFER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915(a)(1). He has also submitted a trust account statement, but the 20 statement is not certified. He now requests an order directing prison officials to provide him with 21 a certified copy of his trust account statement. Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment 22 23 of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall 24 submit a certified copy of the trust fund account statement (or institutional equivalent) for the 25 prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained 26 from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff 27 has not submitted a certified copy of his trust account statement or the institutional equivalent. 28 ///// 1 1 He may comply with this requirement by having prison officials complete the “Certificate” 2 portion of the form application for leave to proceed in forma pauperis. 3 Accordingly, plaintiff has 30 days from the date this order is served to submit the required 4 trust account statement. If plaintiff makes a proper request from prison officials for the required 5 trust account statement that is denied or ignored, and requires more time to comply with this 6 order, he may request another extension of time indicating what efforts he has made to obtain the 7 required trust account statement and who has prevented him from obtaining it. Failure to comply 8 with this order may result dismissal of this case. The Clerk of the court is directed to send to 9 plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner and to terminate 10 docket number 15. 11 So ordered. 12 Dated: November 9, 2015. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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