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