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James v. Sacramento County Sheriff's Dep't

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


January 28, 2009

WILLIAM JAMES, PLAINTIFF,
v.
SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, ET AL., DEFENDANTS.

ORDER

Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1).

Section 1915(a)(2) requires "a prisoner seeking to bring a civil action without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), 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 . . . , obtained from the appropriate official of each prison at which the prisoner is or was confined." Plaintiff has not submitted a certified copy of his trust account statement or the institutional equivalent.

He asserts that officers have refused to comply with the certification requirement. However, he has not submitted any evidence that he attempted to obtain the certification or identify the officers who refused to assist him in this regard. Therefore, the court cannot accept the in forma pauperis application in its current form.

Accordingly, plaintiff has 30 days from the date this order is served to submit the required trust account statement or institutional equivalent. The Clerk of the Court shall send to plaintiff the form application for leave to proceed in forma pauperis used in this court. Plaintiff's failure to comply with this order may result in this action being dismissed.

So ordered.

20090128

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