Battiste v. Smith et al

Filing 4

ORDER signed by Magistrate Judge Deborah Barnes on 10/11/16 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD ANTONIO BATTISTE,

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Plaintiff,

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No. 2:16-cv-2331 DB P

v.

ORDER

ALBERT SMITH, et al.,

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Defendants.

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Plaintiff, a county prisoner 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). Plaintiff will be provided the opportunity to submit a certified copy of his

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prison trust account statement.
In accordance with the above, IT IS HEREBY ORDERED that plaintiff shall submit,

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within thirty days from the date of this order, 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. Plaintiff’s

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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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Dated: October 11, 2016

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/DLB7;batt2331.3c.new

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