Daniel v. Woodford

Full title: SAMUEL T. DANIEL, Plaintiff, v. JEANNE S. WOODFORD, et al., Defendants

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

Date published: Aug 28, 2006

No. CIV S-06-1495 LKK PAN P (E.D. Cal. Aug. 28, 2006)

Opinion

No. CIV S-06-1495 LKK PAN P.

August 28, 2006

ORDER

JOHN MOULDS, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On July 26, 2006, plaintiff was directed to pay the filing fee or submit an application to proceed in forma pauperis form. Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, nor obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit the completed application and the certified copy in support of his application to proceed in forma pauperis.

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

1. 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; and the certification required on the application form. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

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