Smith v. Siskiyou County Jail

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 1/6/2016 ORDERING the Clerk to send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a properly completed ifp application and certified trust account statement. (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 county inmate proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account

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statement for the six month period immediately preceding the filing of the complaint. See 28

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U.S.C. § 1915(a)(2). Additionally, the certificate filled out by authorized personnel at the jail has

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been modified to state that it covers only the past three months. ECF No. 2 at 2. The certificate

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must cover the past six months. 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the

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opportunity to submit a certified copy of his prison trust account statement and a properly

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completed certificate.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner; and
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2. Plaintiff shall submit, within thirty days from the date of this order, a properly

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completed application to proceed in forma pauperis that includes a certified copy of his prison

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trust account statement for the six month period immediately preceding the filing of the

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complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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DATED: January 6, 2016

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