Blackman v. Lavaleur

Full title: TONY BLACKMAN, Plaintiff, v. K. LAVALEUR, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Oct 19, 2015

2:15-cv-1484-GEB-EFB P (E.D. Cal. Oct. 19, 2015)

Opinion

TONY BLACKMAN, Plaintiff, v. K. LAVALEUR, et al., Defendants. No. 2:15-cv-1484-GEB-EFB P United States District Court, E.D. California. October 19, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations pursuant to 42 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). He has also submitted a trust account statement, but it is not certified and is outdated by over eight years.

         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." 28 U.S.C. § 1915(a)(2) (emphasis added).

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