IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 18, 2012
ISSAC DAWSON, PLAINTIFF,
COUNTY MAIN JAIL, DEFENDANT.
Plaintiff is a county prisoner without counsel who, it appears, intends to seek relief for alleged civil rights violations. See 42 U.S.C. § 1983. However, the complaint he has filed is not signed, and his affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1), is incomplete.
A complaint is necessary for the commencement of a civil action. Fed. R. Civ. P. 3. The complaint must be signed and contain a short and plain statement of plaintiff's claim, showing that he is entitled to relief. Fed. R. Civ. P. 8, 11.
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, it is hereby ORDERED that:
1. The Clerk of the Court shall send to plaintiff the form for filing a civil rights complaint by a prisoner and the form application to proceed in forma pauperis by a prisoner.
2. Withing 30 days of the date of this order, plaintiff shall submit the required trust account statement.
3. Within 30 days of the date of this order, plaintiff shall submit a signed complaint stating the nature of the action and his belief that he is entitled to redress.
4. Failure to comply with this order will result in a recommendation that this action be dismissed.
© 1992-2012 VersusLaw Inc.