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Jimmie Stephen v. May

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


October 16, 2012

JIMMIE STEPHEN APPELLANT,
v.
MAY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Appellant is a state prisoner proceeding pro se with a bankruptcy action before the United States Bankruptcy Appellate Panel of the Ninth Circuit (case no. 12-27800). In connection with the appeal plaintiff submitted an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The matter was transferred from the Bankruptcy Appellate Panel to the undersigned for the limited purpose of ruling on plaintiff's application to proceed in forma pauperis. Dkt. 1.

Appellant's application is incomplete because he did not attach a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action. See 28 U.S.C. § 1915(a)(2). Appellant will be allowed to submit a certified copy of his prison trust account statement for the relevant six-month period.

Accordingly, IT IS HEREBY ORDERED that appellant shall submit, within twenty-one (21) days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.

Appellant 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.

20121016

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