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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JUAN CARLOS LEMUS,
Plaintiff,

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For the Northern District of California

United States District Court

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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

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Defendants.
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This is a civil rights case filed pro se by a state prisoner. Page five of plaintiff’s

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application to proceed in forma pauperis (“IFP”), the “Certificate of Funds in Inmate

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Account,” is not completed and signed by a authorized person at the prison. Page five, in

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addition to containing calculations of the average income and the average balance in the

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inmate’s account, constitutes a certification that the attached printout is true and correct.

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The omission of page five means that the attached printout of transactions in plaintiff’s

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inmate account is not properly certified, and in any event, the provided printout does not

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cover a six-month period, as required by 28 U.S.C. § 1915(a)(2).

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Plaintiff is GRANTED thirty days from the date this order is entered to provide a

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complete and proper IFP application. If he does not either pay the fee or provide a proper

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application, this case will be dismissed.

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IT IS SO ORDERED.
Dated: July 5, 2011.
PHYLLIS J. HAMILTON
United States District Judge

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