Crocker v. Curtis et al

Filing 7

ORDER EXTENDING TIME. Signed by Judge Phyllis J. Hamilton on 12/20/10. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 12/20/2010)

Crocker v. Curtis et al

Doc. 7

1 2 3 4 5 6 7 8 9 10 vs. Doctor CURTIS and RN SHIRLEY, West County Detention Facility; RN CARA and Nurse COURTNEY, Martinez Detention Facility, Defendants. / GRAYSON J. CROCKER, Plaintiff, No. C 10-5364 PJH (PR) ORDER EXTENDING TIME UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

United United States District Court

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For the Northern District of California

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This is a civil rights case filed pro se by a prisoner at the Contra Costa Jail, Martinez Detention Facility. The clerk sent plaintiff a notice that his application to proceed in forma pauperis ("IFP") was defective because he had failed to "attach a copy of his prisoner trust account statement showing transactions for the last six months." A copy of the court's form for applications to proceed in forma pauperis was provided with the notice, along with a return envelope. Petitioner has filed a new application for leave to proceed IFP and also has written to the court. In both documents he says that the Martinez Detention Center does not maintain records covering a period beyond the current month. In his letter he says that he repeatedly asked the "module deputy" for the statement, but was told that the jail does not provide statements beyond the current month and that their computer does not even have a printer. The new IFP application includes a statement signed by a deputy saying that plaintiff's current balance is $0.38. No statement covering transactions for the past six months is attached.

Dockets.Justia.com

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When a prisoner applies for leave to proceed IFP, he or she is required by statute to provide a statement of transactions for the six months preceding the date the complaint was filed. 28 U.S.C. § 1915(a)(2). The court has received many lawsuits from prisoners at the Contra Costa Jail and some from prisoners at the Martinez Detention Facility, where plaintiff is housed, that included the required statement. It clearly is possible to obtain such a document. The court also is aware that the Contra Costa Jail has a procedure for written grievances; plaintiff does not say that he employed it to find out how to obtain the required statement. Plaintiff must use all available procedures to attempt to obtain the statement. For these reasons, the time for plaintiff to provide the required statement is EXTENDED to a date thirty days from the entry of this order (the date the clerk has stamped on the first page). If he is unable to obtain it in that time, he may file a statement signed under penalty of perjury detailed the efforts he made to obtain the statement and the results. If he does not either respond or pay the $350 filing fee within the time allowed, the case will be dismissed. IT IS SO ORDERED. Dated: December 20, 2010. PHYLLIS J. HAMILTON United States District Judge

United States District Court

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For the Northern District of California

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