Rogers v. Duffy

Full title: MICHAEL D. ROGERS, Plaintiff, v. WARDEN DUFFY, Defendant.

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

Date published: Feb 11, 2015

2:15-cv-0123 KJN P (E.D. Cal. Feb. 11, 2015)

Opinion

MICHAEL D. ROGERS, Plaintiff, v. WARDEN DUFFY, Defendant. No. 2:15-cv-0123 KJN P United States District Court, E.D. California. February 11, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff is a state prisoner proceeding without counsel. By order filed January 21, 2015, plaintiff was granted thirty days in which to file a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. On January 29, 2015, and February 6, 2015, plaintiff filed responses claiming that he believed the prison trust account office sent the certified trust account statement to the Northern District. (ECF Nos. 11, 12.) However, the court has checked the records for the Northern District through CM/ECF, and the only case of record for plaintiff was terminated on December 16, 2013, and no trust account statement was recently filed therein. (Case No. 3:13-cv-2567.) Therefore, plaintiff will be provided an extension of time to submit the certified copy of his prison trust account statement to this court.

         Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date of this order to file a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.