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Kibunguchy v. Sacramento County Police Department

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


August 25, 2010

CHRIS WAMALWA KIBUNGUCHY, PLAINTIFF,
v.
SACRAMENTO COUNTY POLICE DEPARTMENT, ET AL., DEFENDANTS.

ORDER

Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 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 initially filed this action in the United States District Court for the Eastern District of New York. That court transferred the case to this court pursuant to 28 U.S.C. § 1391(b). Dckt. No. 4. Pending at the time of transfer was plaintiff's request for leave to proceed in forma pauperis, a request which the Eastern District of New York left for this court to resolve. Id. Having reviewed plaintiff's motion to proceed in forma pauperis, the court finds that it does not comply with 28 U.S.C. § 1915(a). 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 may comply with this requirement by having prison officials complete the "Certificate" portion of the form application for leave to proceed in forma pauperis.

Accordingly, plaintiff has 30 days from the date this order is served to submit the required trust account statement or certificate. 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.

20100825

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