Robben v. City of South Lake Tahoe et al

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 ORDERING the court will afford plaintiff a third opportunity to submit the required trust account statement. If plaintiff is unable to comply, he must submit to the court a copy of his request for a copy of his certified trust account statement along with any response received from jail officials. The Clerk shall send plaintiff a new ifp application.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TODD ROBBEN, 12 13 14 15 No. 2:16-cv-2696-WBS-EFB P Plaintiff, v. ORDER CITY OF SOUTH LAKE TAHOE, et al., Defendants. 16 17 Plaintiff is a county inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915(a)(1), but has failed to submit a certified trust account statement. 20 According to plaintiff, “the Sheriff refuses to sign any certified statement.” ECF No. 10. 21 Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment 22 of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall 23 submit a certified copy of the trust fund account statement (or institutional equivalent) for the 24 prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained 25 from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff 26 has not submitted a certified copy of his trust account statement or the institutional equivalent. 27 28 Accordingly, the court will afford plaintiff a third opportunity to submit the required trust account statement. If plaintiff is unable to comply with this order, he must submit to the court a 1 1 copy of his request for a copy of his certified trust account statement along with any response 2 received from jail officials. Failure to comply with this order within 30 days will result in a 3 recommendation of dismissal. The Clerk of the court is directed to send to plaintiff a new form 4 Application to Proceed In Forma Pauperis by a Prisoner. 5 So ordered. 6 Dated: January 17, 2017. 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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