Durden v. San Francisco Sheriff's Department et al

Filing 5

ORDER for Plaintiff to File Certificate of Funds and Prisoner Trust Account Statement. Signed by Judge Thelton E. Henderson on 11/19/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 11/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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CURTIS JAMES DURDEN, JR.,

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Plaintiff,

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No. C-12-5193 TEH (PR)
ORDER FOR PLAINTIFF TO FILE
CERTIFICATE OF FUNDS AND
PRISONER TRUST ACCOUNT
STATEMENT

v.
SAN FRANCISCO COUNTRY SHERIFF’S
DEPARTMENT and DEPUTY ALBA

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Defendants
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/

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On October 5, 2012, Plaintiff Curtis James Durden, Jr.,

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incarcerated at the San Francisco County Jail, filed a civil rights

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complaint under 42 U.S.C. § 1983 and an application for leave to

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proceed in forma pauperis (IFP).

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Court sent Plaintiff a notice that his IFP application was not

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complete because he had not submitted a Certificate of Funds (COF)

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in Prisoner’s Account completed and signed by an authorized officer

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at the County Jail and he had not attached a copy of his prisoner

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trust account statement showing transactions for the last six

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months.

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respond within thirty days from the date of the notice, his action

Also, on October 5, 2012, the

The notice included a warning that if Plaintiff did not

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would be dismissed, the file closed and the entire filing fee would

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become due immediately.

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More than thirty days have passed and Plaintiff has not

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responded to the notice to file a completed COF or a copy of his

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prisoner trust account statement.

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Court will not dismiss Plaintiff’s complaint, but orders him to

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respond to the notice by filing a COF and his prisoner trust account

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statement.

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he need only send his trust account statement for the time of his

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In the interests of justice, the

If Plaintiff has not been incarcerated for six months,

incarceration.

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Plaintiff must file his COF and trust account statement

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within (21) TWENTY-ONE DAYS from the date of this Order.

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not, his case will be dismissed, the file closed and the entire

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filing fee will become due immediately.

If he does

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IT IS SO ORDERED.

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DATED

11/19/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\Durden 12-5193 Cert of Funds.wpd

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