Smith v. Sacramento County Sheriff's Department
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/9/2015 ORDERING plaintiff to submit, within 30 days, the required trust account statement. The Clerk shall send plaintiff a new 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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STACHA SMITH,
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Plaintiff,
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No. 2:15-cv-2239-EFB P
v.
ORDER
SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.
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Plaintiff is a county inmate proceeding without counsel in an action brought under 42
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U.S.C. § 1983. She has submitted an affidavit requesting leave to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915(a)(1). She has also submitted a trust account statement, but the
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statement is not certified.
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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She 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. Failure to comply with this order may result dismissal of this case. The
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Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma
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Pauperis by a Prisoner.
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So ordered.
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Dated: November 9, 2015.
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