Jackson v. Rackley

Full title: MIDEL JACKSON, Plaintiff, v. R.J. RACKLEY, et al., Defendants

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

Date published: Jan 11, 2011

No. 2:11-cv-0009 KJN P (E.D. Cal. Jan. 11, 2011)

Opinion

No. 2:11-cv-0009 KJN P.

January 11, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

Plaintiff, a state prisoner proceeding without counsel, 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 filled out. 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. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court:

a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and

b. a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint.

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's failure to comply with this order may result in the dismissal of this action without prejudice.

Dated: January 11, 2011

NOTICE OF SUBMISSION

Plaintiff hereby submits the following document in compliance with the court's order filed _______________:

__________ Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement DATED: ______________________________ Plaintiff