Deimerly v. Clarke et al

Filing 3

ORDER TO SHOW CAUSE to cure the deficiency re the prison trust account re 1 MOTION for Leave to Proceed in forma pauperis;Show Cause Response due by 5/13/2007.Signed by Judge Karen L Strombom. (PL, )

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Deimerly v. Clarke et al Doc. 3 Case 3:07-cv-05166-RBL-KLS Document 3 Filed 04/13/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Page - 1 Dockets.Justia.com UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA TROY DEIMERLY, Plaintiff, v. HAROLD W. CLARKE, et al, Defendants. Case No. C07-5166RBL-KLS ORDER TO SHOW CAUSE This case has been referred to United States Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. 636(b)(1) and Local MJR 3 and 4. This matter comes before the Court on plaintiff's filing of an application to proceed in forma pauperis and a civil rights complaint under 42 U.S.C. 1983. To file a complaint and initiate legal proceedings plaintiff must pay a filing fee of $350.00 or file a proper application to proceed in forma pauperis. On March 30, 2007, the Clerk received plaintiff's complaint and application to proceed in forma pauperis. (Dkt. #1). Pursuant to 28 U.S.C. 1915(a)(2): A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor . . . shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was Case 3:07-cv-05166-RBL-KLS Document 3 Filed 04/13/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Page - 2 confined. Plaintiff thus was required to submit a statement showing the balance and activity of his account for the six-month period immediately preceding the filing of his complaint. The prison trust account statement plaintiff filed, however, is for the six-month period ending December 31, 2006, or nearly four months prior to the date he filed his complaint. As such, that statement does not satisfy the requirements of 28 U.S.C. 1915(a)(2). Accordingly, the Court orders the following: (1) Plaintiff shall seek to cure the above deficiency by filing no later than May 13, 2007, a copy of his prison trust account statement pursuant to 28 U.S.C. 1915(a)(2) showing the balance and activity of his account(s) for the six-month period immediately preceding the filing of his complaint. Failure to cure this deficiency by the above date shall be deemed a failure to properly prosecute this matter and the Court will recommend dismissal of this matter. (2) The Clerk is directed to send a copy of this Order to plaintiff. DATED this 13th day of April, 2007. A Karen L. Strombom United States Magistrate Judge

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