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Logan v. Horwitz

United States District Court, Ninth Circuit, California, E.D. California
Mar 25, 2015
2:15-cv-0121 AC P (E.D. Cal. Mar. 25, 2015)

Opinion


JAMES DAVID LOGAN, II, Plaintiff, v. EVALYN HORWITZ, et al., Defendants. No. 2:15-cv-0121 AC P United States District Court, E.D. California. March 25, 2015

          ORDER

          ALLISON CLAIRE, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. The court has twice ordered plaintiff to file a completed request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 that includes a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. ECF Nos. 4, 9. Although plaintiff has filed an application to proceed in forma pauperis in response to both orders, both times he has failed to provide a certified copy of his prison trust account statement. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided one final opportunity to submit the certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. He will not be required to file another application to proceed in forma pauperis. Plaintiff is advised that failure to provide a certified copy of his prison trust account statement will result in denial of his application to proceed in forma pauperis and a recommendation that his action be dismissed without prejudice.

         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. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.


Summaries of

Logan v. Horwitz

United States District Court, Ninth Circuit, California, E.D. California
Mar 25, 2015
2:15-cv-0121 AC P (E.D. Cal. Mar. 25, 2015)
Case details for

Logan v. Horwitz

Case Details

Full title:JAMES DAVID LOGAN, II, Plaintiff, v. EVALYN HORWITZ, et al., Defendants.

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

Date published: Mar 25, 2015

Citations

2:15-cv-0121 AC P (E.D. Cal. Mar. 25, 2015)