Calloway v. California Department of Corrections and Rehabilitation et al

Filing 14

ORDER signed by Magistrate Judge Dennis M. Cota on 12/6/18 DIRECTING plaintiff to submit a certified copy of the prison trust account within 30 days of the date of this order. (Coll, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMISI JERMAINE CALLOWAY, 12 13 14 15 16 No. 2:16-CV-2532-WBS-DMC-P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 19 42 U.S.C. § 1983. On August 8, 2018, the court issued findings and recommendations that 20 plaintiff’s application for leave to proceed in forma pauperis be denied because, according to 21 plaintiff’s prison trust account statement on file at the time, plaintiff had $6,369.68 in his account. 22 Plaintiff filed objections on August 17, 2018, and a renewed application for leave to proceed in 23 forma pauperis on August 30, 2018. In his objections, plaintiff claims he no longer has any funds 24 in his trust account. Plaintiff, however, has not submitted a certified copy of his current trust 25 account statement to confirm this contention and establish indigency. Prior to submitting the 26 August 8, 2018, findings and recommendations to the assigned District Judge, plaintiff will be 27 provided with an opportunity to submit a certified copy of his trust account statement showing the 28 current balance of his account. 1 1 2 Accordingly, IT IS HEREBY ORDERED that plaintiff shall submit a certified copy of this prison trust account within 30 days of the date of this order. 3 4 5 Dated: December 6, 2018 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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