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Whatley v. Forgauh

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


April 14, 2009

GERRELL LEE WHATLEY, PLAINTIFF,
v.
FORGAUH, ET AL., DEFENDANTS.

ORDER

Plaintiff is confined in a county jail and is proceeding without counsel in an action brought under 42 U.S.C. § 1983.

To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has submitted an incomplete application for leave to proceed in forma pauperis.

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."

(emphasis added). Plaintiff has not submitted the required trust account statement or institutional equivalent.

Accordingly, plaintiff has 30 days from the date of service of this order to submit either the filing fee or a completed application required by § 1915(a), along with a trust account statement. The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in a recommendation that this action be dismissed.

So ordered.

20090414

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