Brooks v. Lee et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/21/2018 ORDERING Plaintiff to file the application required by § 1915(a) within 30 days from the date of service of this order. If plaintiff continues to experience delay in obtaining his certified trust account statement, he may submit his application without it. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY BROOKS,

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No. 2:18-cv-0374-EFB P

Plaintiff,
v.

ORDER

S. LEE, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. To proceed with a civil action a plaintiff must pay the $400 filing fee required by

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28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and

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trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor

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submitted a proper application for leave to proceed in forma pauperis. He has, however,

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requested a court order directing CDCR officials to submit a copy of his inmate trust account

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statement for the last six months. See ECF No. 2 (alleging that prison officials have not

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responded to plaintiff’s request for the same).

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Accordingly, the court will grant plaintiff 30 days from the date of service of this order to

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submit the application required by § 1915(a). If plaintiff continues to experience delay in

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obtaining his certified trust account statement, he may submit his application without it. In that

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case, the court will order CDCR to submit the trust account statement directly to the court. The
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Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma

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pauperis. Failure to comply with this order may result in the dismissal of this action.

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So ordered.
DATED: February 21, 2018.

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