Smith v. Siskiyou County Jail

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 4/20/2016 ORDERING, within 30 days, plaintiff shall submit a certified copy of his prison trust account statement for the time he has been in CDCR custody. The Clerk shall send plaintiff 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 has consented to the jurisdiction of the undersigned magistrate judge for all purposes

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pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). ECF No. 4.

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By an order filed January 29, 2016, plaintiff was ordered to submit a new application to

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proceed in forma pauperis accompanied by a certified copy of his prison trust account statement

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for the six month period immediately preceding the filing of the complaint. ECF No. 8. In

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response to that order, plaintiff filed a trust account statement, but it was not certified and was not

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accompanied by a new application to proceed in forma pauperis. ECF No. 9. Plaintiff was then

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given an additional thirty days to provide a certified trust account statement and a new application

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to proceed in forma pauperis. ECF No. 10. He was further advised that it was not necessary to

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provide any explanations regarding how long he has been in prison and that he just needed to
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complete the form and provide a certified copy of his prison trust account statement. Id. Plaintiff

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was cautioned that failure to do so could result in dismissal of this action. Id. The thirty day

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period has now expired, and plaintiff has not responded to the court’s order and has not filed a

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new in forma pauperis affidavit or a certified copy of his trust account statement. Plaintiff shall

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be given one final opportunity to comply with the court’s orders.

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Plaintiff shall be required to submit only a certified copy of his prison trust account

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statement. In other words, he must submit a copy of his trust account statement that has been

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signed by an employee of the prison verifying that it is a correct copy of the statement. The court

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recognizes that plaintiff is no longer incarcerated at the Siskiyou County Jail, like he was when he

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filed the complaint, and may no longer have access to a trust account statement from the jail.1

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Therefore, plaintiff should simply provide a certified trust account statement for the time he has

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been in CDCR custody.2 The court understands that the statement will not show any information

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for the time before plaintiff entered CDCR custody. If plaintiff does not respond to this order,

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this action will be dismissed for failure to prosecute.

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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 a certified copy of

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his prison trust account statement for the time he has been in CDCR custody. Failure to comply

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with this order will result in dismissal of this action without prejudice for failure to prosecute.

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Fed. R. Civ. P. 41(b); L.R. 110.

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

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form used by this district.

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DATED: April 20, 2016

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The certificate provided by plaintiff with his application to proceed in forma pauperis (ECF No.
2) is not the same as a certified trust account statement.
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On January 8, 2016, plaintiff filed a notice of change of address reflecting his transfer to CDCR
custody. ECF No. 6.
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