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Kibunguchy v. Sacramento County Police Dep't

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


September 20, 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). 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." This requirement may be complied with by having prison officials complete the "Certificate" portion of the form application for leave to proceed in forma pauperis.

This court found that plaintiff's initial in forma pauperis application did not comply with § 1915(a) because it lacked a certified copy of his trust account statement or the institutional equivalent and ordered plaintiff to submit a proper application on August 26, 2010. Plaintiff has submitted a new in forma pauperis application. However, plaintiff's application again fails to include a certified copy of his trust account statement or the institutional equivalent. The "certificate" portion of the application has been filled out, but is not signed by a prison official.

The court will give plaintiff one more chance to submit an application to proceed in forma pauperis that complies with § 1915(a) or to submit the filing fee. Plaintiff has 30 days from the date this order is served to submit the required trust account statement or signed certificate or pay the filing fee. 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.

20100920

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