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Langston v. Finn

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


January 13, 2009

WALTER S. LANGSTON, PLAINTIFF,
v.
WARDEN FINN, 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 Walter S. Langston's Application to Proceed In Forma Pauperis (Ct. Rec. 5), filed November 5, 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 IFP 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 sixty (60) days of the date of service of this Order, Plaintiff shall submit a new IFP Application. The IFP Application's "Certificate" section must be completed by the institution of incarceration and contain a certified copy of Plaintiff's prison trust account statement for the six-month period immediately preceding the filing of his complaint. The Court will not screen Plaintiff's complaint until a proper IFP Application is received. 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.

20090113

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