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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCUS E. OLIVER,

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Plaintiff,

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No. 2:15-cv-1980-EFB P

v.

ORDER

OFFICER PFEIFFER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915(a)(1). He has also submitted a trust account statement, but the

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statement is not certified. He now requests an order directing prison officials to provide him with

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a certified copy of his trust account statement.
Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment

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of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall

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submit a certified copy of the trust fund account statement (or institutional equivalent) for the

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prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained

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from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff

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has not submitted a certified copy of his trust account statement or the institutional equivalent.

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He may comply with this requirement by having prison officials complete the “Certificate”

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portion of the form application for leave to proceed in forma pauperis.

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Accordingly, plaintiff has 30 days from the date this order is served to submit the required

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trust account statement. If plaintiff makes a proper request from prison officials for the required

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trust account statement that is denied or ignored, and requires more time to comply with this

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order, he may request another extension of time indicating what efforts he has made to obtain the

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required trust account statement and who has prevented him from obtaining it. Failure to comply

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with this order may result dismissal of this case. The Clerk of the court is directed to send to

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plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner and to terminate

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docket number 15.

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So ordered.

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Dated: November 9, 2015.

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