Opinion
2:21-cv-01039-KJM-JDP (PC)
07-21-2021
ANTHONY DEMETRIS IRBY, Plaintiff, v. NARANJO, et al., Defendants.
ORDER DIRECTING PLAINTIFF TO SUBMIT AN INMATE TRUST ACCOUNT STATEMENT
JEREMY D. PETERSON, UNITED STATES MAGISTRATE JUDGE
Plaintiff, a county inmate proceeding without counsel, has filed a civil rights action under 42 U.S.C. § 1983. On June 25, 2021, I directed him to submit, within thirty days, a completed application to proceed in forma pauperis and a certified copy of his inmate trust account statement for the six-month period immediately preceding the filing of the complaint. Plaintiff has submitted a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. He has not, however, filed a certified copy of his jail trust account statement.
Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . ., obtained from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff has not submitted a certified copy of his trust account statement or the institutional equivalent.
Accordingly, it is hereby ORDERED that plaintiff shall submit, within thirty days of this order, a certified copy of his jail trust account statement for the six-month period immediately preceding the filing of the complaint. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.
IT IS SO ORDERED.