Humes v. Sacramento County

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 02/05/18 ORDERING plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification required on the application form. The clerk of the court shall send to plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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No. 2:18-cv-0015 KJN P
Plaintiff,

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v.

ORDER

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SACRAMENTO COUNTY.,

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Defendant.

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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. On January 10, 2017, plaintiff was directed to submit an application to proceed in

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forma pauperis or pay the filing fee. Plaintiff has now filed a request for leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the

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complaint and obtained the certification required on the application form. See 28 U.S.C.

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§ 1915(a)(2). Therefore, plaintiff will be provided the opportunity to submit the completed

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application and the certified copy in support of his 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. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the

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complaint and the certification required on the application form. Plaintiff’s failure to comply

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with this order will result in a recommendation that this action be dismissed without prejudice.

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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Dated: February 5, 2018

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/hume0015.3e

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