Witkin v. Lotersztain

Full title: MICHAEL WITKIN, Plaintiff, v. MARIANA LOTERSZTAIN, et al., Defendants.

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

Date published: Mar 27, 2015

2:15-cv-0638 KJN P (E.D. Cal. Mar. 27, 2015)

Opinion

MICHAEL WITKIN, Plaintiff, v. MARIANA LOTERSZTAIN, et al., Defendants. No. 2:15-cv-0638 KJN P United States District Court, E.D. California. March 27, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which must be completed by plaintiff's institution of incarceration has not been signed or certified by prison officials. Also, plaintiff has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore, plaintiff will be provided the opportunity to submit a completed in forma pauperis application and a certified copy in support of his application.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Plaintiff shall submit, within thirty days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court;

         2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and

         3. Plaintiff shall submit, within thirty 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. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.