Curry v. Secretary of Prisons et al

Filing 3

ORDER TO SHOW CAUSE re 1 MOTION for Leave to Proceed in forma pauperis filed by William Curry Show Cause Response due by 9/29/2007.by Judge Karen L Strombom. (DK)

Curry v. Secretary of Prisons et al

Doc. 3

Case 3:07-cv-05434-RJB-KLS

Document 3

Filed 08/29/2007

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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 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 August 20, 2007, the Clerk received plaintiff's complaint and application to proceed in forma pauperis. (Dkt. #1). In his application, plaintiff states that during the past twelve months he has received gifts or inheritances, but does not state the source(s) of the gifts and/or inheritances he has received, the amount(s) he has received or whether he expects to continue receiving them. In addition, the prison trust account statement status report plaintiff has submitted with his application shows he has average monthly
ORDER Page - 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA WILLIAM CURRY, Plaintiff, v. SECRETARY OF PRISONS, et al, Defendants.

Case No. C07-5434RJB-KLS ORDER TO SHOW CAUSE

Dockets.Justia.com

Case 3:07-cv-05434-RJB-KLS

Document 3

Filed 08/29/2007

Page 2 of 2

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receipts of $110.00 and an average spendable balance of $81.21. However, based on the one page status report, the Court is unable to determine the exact sources and amounts of the funds plaintiff is receiving, or the frequency with which he receives them. Accordingly, the Court orders the following: (1) Plaintiff shall seek to cure the above deficiencies by filing no later than September 29, 2007, (a) a detailed explanation providing the information discussed above concerning the gifts and/or inheritances he has indicated in his application that he has received during the past twelve months, and (b) 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 these deficiencies 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 29th day of August, 2007.

A

Karen L. Strombom United States Magistrate Judge

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