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, )

Deimerly v. Clarke et al

Doc. 3

Case 3:07-cv-05166-RBL-KLS

Document 3

Filed 04/13/2007

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ORDER Page - 1
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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

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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