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Tanksley v. California Dep't of Corrections

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


April 20, 2009

MOODY WOODROW TANKSLEY, ET. AL., PLAINTIFFS,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Sidney R. Thomas, United States Circuit Judge Sitting by Designation

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, plaintiff has failed to comply with the Order filed April 3, 2009, and the certificate portion of the request which must be completed by plaintiff's institution of incarceration has not been filled out. The certificate portion is located at the bottom of the second page on the Application to Proceed In Forma Pauperis by a Prisoner form. That portion must be filled out by the institution of incarceration or the application cannot be granted and the action will be dismissed with prejudice. Plaintiff must therefore ensure that the certificate portion is filled out when he files his application. Also, plaintiff has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff must file a certified copy of his prison trust account statement or his application to proceed in forma pauperis will not be granted. Plaintiff will be provided the opportunity to submit a completed in forma pauperis application and a certified copy in support of his application.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court:

a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and

b. a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint.

2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and

3. Plaintiff's failure to comply with this order will result in this action being dismissed with prejudice.

IT IS SO ORDERED.

NOTICE OF SUBMISSION

Plaintiff hereby submits the following document in compliance with the court's order filed

Complete Application to Proceed In Forma Pauperis

By a Prisoner/Certified Copy of Prison Trust Account Statement

20090420

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