Smith v. Siskiyou County Jail

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 1/29/16 ordering that within 30 days from the date of this order, plaintiff shall submit an application to proceed in forma pauperis that must be accompanied by a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, M)

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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,

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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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Upon review of plaintiff’s application to proceed in forma pauperis, the court discovered that

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plaintiff had not included a certified copy of his prison trust account statement for the six month

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period immediately preceding the filing of the complaint. ECF No. 5. The court also noted that

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the certificate completed by the jail had been modified to cover only the previous three months.

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Id. Plaintiff was directed to submit a certified copy of his prison trust account statement and a

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properly completed certificate. Id. Plaintiff has filed a response to the order in which he states

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that the certificate only covered the previous three months because at the time, he had only been

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incarcerated for three months. ECF No. 7. While this may be the case, plaintiff still has not

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submitted a certified copy of his prison trust account statement. Id. Plaintiff must provide a

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certified copy of his prison trust account statement for the past six months1 before the court can

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grant him leave to proceed in forma pauperis. 28 U.S.C. § 1915(a)(2).

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Accordingly, IT IS HEREBY ORDERED that within thirty days from the date of this

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order, plaintiff shall submit an application to proceed in forma pauperis that must be accompanied

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by a certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint. Failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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DATED: January 29, 2016

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The court understands that if plaintiff has been incarcerated for less than six months the
statement will not reflect any activity for the time prior to plaintiff’s incarceration.
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