Lemus v. Sullivan et al

Filing 4

ORDER EXTENDING TIME TO PROVIDE COMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Phyllis J. Hamilton on 7/5/11. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 7/5/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 JUAN CARLOS LEMUS, Plaintiff, 8 9 11 For the Northern District of California United States District Court 10 12 No. C 11-1099 PJH (PR) vs. CORRECTIONAL TRAINING FACILITY EMPLOYEES; DR. E. SULLIVAN, DR. J. LEE, RN A. COLEMAN, CMO D. JACOBSEN, B. DIXON, JANE DOES AND JOHN DOES (1-20), and DIRECTOR M. CATE (CDCR), ORDER EXTENDING TIME TO PROVIDE COMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS 13 Defendants. 14 15 / This is a civil rights case filed pro se by a state prisoner. Page five of plaintiff’s 16 application to proceed in forma pauperis (“IFP”), the “Certificate of Funds in Inmate 17 Account,” is not completed and signed by a authorized person at the prison. Page five, in 18 addition to containing calculations of the average income and the average balance in the 19 inmate’s account, constitutes a certification that the attached printout is true and correct. 20 The omission of page five means that the attached printout of transactions in plaintiff’s 21 inmate account is not properly certified, and in any event, the provided printout does not 22 cover a six-month period, as required by 28 U.S.C. § 1915(a)(2). 23 Plaintiff is GRANTED thirty days from the date this order is entered to provide a 24 complete and proper IFP application. If he does not either pay the fee or provide a proper 25 application, this case will be dismissed. 26 27 IT IS SO ORDERED. Dated: July 5, 2011. PHYLLIS J. HAMILTON United States District Judge 28 P:\PRO-SE\PJH\CR.11\LEMUS1099.IFP-EXT.wpd

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