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Cruz v. Michales

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


May 25, 2010

DANIEL CRUZ, PLAINTIFF,
v.
MICHAELS, 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. Although his form application, not issued by the Eastern District of California, includes a "Certificate" signed by institutional staff, that certificate does not include the balance of plaintiff's trust account statement for the 6-month period immediately preceding the filing of the complaint, as required by § 1915(a)(2). Plaintiff may comply with this requirement by either submitting a certified copy of his trust fund account statement or having prison officials complete the "Certificate" portion of the form application for leave to proceed in forma pauperis issued by this court (the Eastern District of California).

Accordingly, plaintiff has 30 days from the date this order is served to submit the required trust account statement. Failure to comply with this order will result in a recommendation that this action be dismissed. The Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner.

So ordered.

20100525

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