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Lau v. Lockyer

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


September 24, 2010

HON LAU, PLAINTIFF,
v.
BILL LOCKYER, DEFENDANT.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 8, 2010, the court ordered plaintiff to file a properly completed in forma pauperis application. To the extent that plaintiff was unable to file a completed in forma pauperis application because he could not obtain a certified copy of his trust account statement, the court ordered plaintiff to provide the dates on which he requested his trust account statement; to whom he made his requests; and the reasons given by prison officials for denying his request.

On June 16, 2010, plaintiff responded to the court's order by filing a motion "for relief from judgment." Therein, plaintiff explains that all inmates at his institution of confinement are currently under lock-down and have limited access to the law library. Plaintiff also states that he has submitted his request for a certified trust account statement, but his request has not been returned and has presumably been lost by prison officials.

Plaintiff has subsequently been transferred to Kern Valley State Prison. Accordingly, good cause appearing, the court will grant plaintiff an extension of time to attempt, once again, to obtain a certified copy of his trust account statement at his new institution of incarceration for the purpose of filing a properly completed in forma pauperis application in this case.

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

1. Plaintiff's June 18, 2010 motion for relief (Doc. No. 17) is granted to the extent that he requests additional time to file a properly completed in forma pauperis application in this case;

2. Plaintiff shall submit, within thirty days from the date of this order a properly completed in forma pauperis application that includes a certified copy of plaintiff prison trust account statement for the six-month period immediately preceding the filing of the complaint in this cation AND/OR a prison official's certification; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice; and

3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.

20100924

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