Opinion
21-cv-516-jdp
08-16-2021
JOSEPH GAYTAN, Plaintiff, v. JOHN DREGNE, et al Defendants.
ORDER
PETER OPPENEER, MAGISTRATE JUDGE
Plaintiff Joseph Gaytan has filed a proposed civil complaint and requested leave to proceed without prepaying the filing fee. To evaluate plaintiff's request to proceed without prepayment of the filing fee, I must review a certified copy of plaintiff's inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2).
For this case to proceed, plaintiff must submit the certified trust fund account statement no later than September 7, 2021. If I find that plaintiff is indigent, I will calculate an initial partial payment amount that must be paid before the court can screen the merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the balance of the filing fee in installments.
ORDER
IT IS ORDERED that plaintiff Joseph Gaytan may have until September 7, 2021 to submit a trust fund account statement for the period beginning approximately February 16, 2021 and ending approximately August 16, 2021. If, by September 7, 2021, plaintiff fails to respond to this order, I will assume that plaintiff wishes to withdraw this action voluntarily. In that event, the case will be closed without prejudice to plaintiff filing the case at a later date.