Smith v. Siskiyou County Jail

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 3/1/2016 ORDERING, within 30 days, plaintiff shall submit an application to proceed ifp that must be accompanied by a certified trust account statement; and the Clerk shall send petitioner an ifp form.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES ANTHONY SMITH,

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No. 2:15-cv-2618 AC P

Plaintiff,
v.

ORDER

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SISKIYOU COUNTY JAIL,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983 and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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Plaintiff was directed to submit a new application to proceed in forma pauperis accompanied by 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. ECF No. 8. Plaintiff has not submitted another application

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to proceed in forma pauperis, and while he has submitted a copy of his prison trust account

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statement, it is not certified. Before the court can grant him leave to proceed in forma pauperis

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plaintiff must provide a certified copy of his prison trust account statement. 28 U.S.C. §

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1915(a)(2). Plaintiff does not need to provide any explanations regarding how long he has been

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in prison. He need only complete the application to proceed in forma pauperis and provide a

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certified copy of his prison trust account statement. Plaintiff will be given another opportunity to

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comply with this court’s order.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of this order, plaintiff shall submit an application to

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proceed in forma pauperis that must be accompanied by a certified copy of his prison trust

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account statement for the six month period immediately preceding the filing of the complaint.

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Failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis

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form used by this district.

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DATED: March 1, 2016

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