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Neal v. Ives

United States District Court, Ninth Circuit, California, C.D. California
Jan 23, 2015
EDCV 15-97-VAP (KK) (C.D. Cal. Jan. 23, 2015)

Opinion


Denard Darnell Neal v. Warden Richard Ives, et al. No. EDCV 15-97-VAP (KK) United States District Court, Central District of California January 23, 2015

          Kenly Kiya Kato, United States Magistrate Judge

          (IN CHAMBERS) ORDER TO SHOW CAUSE WHY REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES SHOULD NOT BE DENIED FOR FAILURE TO SUBMIT TRUST ACCOUNT STATEMENT

         On January 16, 2015, Plaintiff filed a pro se prisoner civil rights complaint pursuant to 42 U.S.C. section 1983. With the complaint, plaintiff filed a request to proceed without prepayment of filing fees. However, plaintiff failed to submit a certified copy of plaintiff’s trust account statement for the last six months, as is required by 28 U.S.C. § 1915(a)(2) for prisoners seeking to bring a civil action without prepayment of fees.

         Accordingly, the court hereby issues this ORDER TO SHOW CAUSE why plaintiff’s application to proceed without prepayment of filing fees should not be denied for failure to submit a certified copy of his trust account statement. Plaintiff is ordered to respond to this Order to Show Cause on or before February 6 2015. To respond to the Order to Show Cause, plaintiff must do one of the following:

         1. Plaintiff may resubmit a Request to Proceed without Prepayment of Filing Fees with Declaration in Support that includes the certificate of an authorized officer at plaintiff’s current place of confinement and attaches a certified copy of plaintiff’s trust account statement for the last 6 months in accordance with 28 U.S.C. § 1915(a)(2). A copy of this form (CV-60P) is enclosed for plaintiff’s convenience.

         2. If for some reason plaintiff is unable to submit a certified copy of plaintiff’s trust account statement, plaintiff may file a written response explaining why he is unable to do so. Such written response must show good cause for plaintiff’s failure to submit a trust account statement.

         Plaintiff is cautioned that failure to respond to this Order to Show Cause as set forth above will result in the denial of his application to proceed without prepayment of filing fees.


Summaries of

Neal v. Ives

United States District Court, Ninth Circuit, California, C.D. California
Jan 23, 2015
EDCV 15-97-VAP (KK) (C.D. Cal. Jan. 23, 2015)
Case details for

Neal v. Ives

Case Details

Full title:Denard Darnell Neal v. Warden Richard Ives, et al.

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

Date published: Jan 23, 2015

Citations

EDCV 15-97-VAP (KK) (C.D. Cal. Jan. 23, 2015)