Golden v. Lukenbill

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 09/15/16 ordering the clerk of the court shall send plaintiff's counsel, together with a copy of this order, a blank copy of the in forma pauperis application used by prisoners in this district . Plaintiff shall within 30 days from the filing date of this order, submit a fully completed in forma pauperis application that includes a copy of his trust account statement for the 6 month period immediately preceding the filing of his complaint, or file a statement indicating why the 6 month period does not apply in this case. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH CHARLES GOLDEN,

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Plaintiff,

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No. 2:16-cv-2146 AC P

v.

ORDER

WILLIAM P. LUKENBILL, et al.,

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Defendants.

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Plaintiff, a Placer County Jail detainee, has, through counsel, filed a civil rights complaint

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pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Plaintiff’s in forma pauperis application is incomplete.
First, although plaintiff has submitted a copy of his jail trust account statement, it is only

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for the period commencing June 25, 2016. While this may mark the commencement of plaintiff’s

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incarceration, if he has been incarcerated for a longer period he must submit a copy of his trust

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

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See 28 U.S.C. § 1915(a)(2).

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Second, plaintiff’s in forma pauperis application has not been fully completed, e.g., no

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answers are provided on the second page of the application. Plaintiff will be provided another

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opportunity to submit a fully completed application to proceed in forma pauperis.

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

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1. The Clerk of the Court shall send to plaintiff’s counsel, together with a copy of this

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order, a blank copy of the in forma pauperis application used by prisoners in this district.

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2. Plaintiff shall, within thirty days from the filing date of this order, submit a fully

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completed in forma pauperis application that includes a copy of his trust account statement for the

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six-month period immediately preceding the filing of his complaint, or file a statement indicating

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why the six-month period does not apply in this case.

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3. Plaintiff’s failure to timely comply with this order will result in a recommendation that
this action be dismissed without prejudice.
DATED: September 15, 2016

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