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Villanueva v. Sisto

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO


December 29, 2008

JOSE VILLANUEVA, PLAINTIFF (ELECT),
v.
WARDEN D.K. SISTO, ASSOCIATE WARDEN'S SINGH, RODRIGUEZ CAPT. S. PECK, LT'S SORIOANO, WONG, FERGUSON, R. BENDER, CHIRILLA, SGT'S DURFEY, GOOD, MARTINEZ, BROOM, E. MAJOR, BESS, C/O'S 1-50, "FREE STAFF' DOES 1-25, SGT'S CUMMINS, BROOM, R. MITCHELL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Edward F. Shea United States District Judge

ORDER REQUIRING PLAINTIFF TO SUBMIT PRISON TRUST ACCOUNT STATEMENT WITHIN 60 DAYS

Before the Court is pro se state prisoner Plaintiff Jose Villanueva's Application to Proceed In Forma Pauperis (Ct. Rec. 2), filed April 21, 2008. Plaintiff asserts that he is unable to pay the full $350.00 filing fee or provide the necessary security. After review, the Court is unable to rule on Plaintiff's application because he did not submit a certified prison trust account statement as is required by 28 U.S.C. § 1915(a)(2).

Accordingly, IT IS HEREBY ORDERED: Within forty-five (45) days of the date of service of this Order, Plaintiff shall submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint. The Court cautions Plaintiff that failure to comply with this Order may result in dismissal of this action.

IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward a copy to Plaintiff.

20081229

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