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Correa v. Solano County

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 12, 2008

LEONARD CORREA, PLAINTIFF,
v.
SOLANO COUNTY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's request for additional time to file a certified copy of his prison trust account statement (Doc. 6).

On August 6, 2008, the court ordered plaintiff to either pay the appropriate filing fee or provide the court with a certified copy of his prison trust account statement, as required by 28 U.S.C. § 1915(a)(2) before the court can grant his application for leave to proceed in forma pauperis. Plaintiff claims that he has requested a certified copy of his trust account from Solano County Jail, but due to a staffing shortage, his request has not been granted yet. He states he has been informed he will receive a copy "soon" and has asked for a 30-day extension of time to provide the court a copy.

Good cause appearing therefor, the request will be granted. Plaintiff is warned that failure to comply with the court's August 6, 2008, order within the time provided in this order may result in dismissal of this action for lack of prosecution and failure to comply with court orders and rules. See Local Rule 11-110.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for an extension of time (Doc. 6) is granted; and

2. Plaintiff shall submit a certified copy of his prison trust account statement, or pay the appropriate filing fee, within 30 days of the date of service of this order.

20080912

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