McMurtry v. Salaam

Full title: CHARLEY McMURTRY, Plaintiff, v. SALAAM, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jan 19, 2012

No. CIV S-12-0103 DAD P (E.D. Cal. Jan. 19, 2012)

Opinion

No. CIV S-12-0103 DAD P

01-19-2012

CHARLEY McMURTRY, Plaintiff, v. SALAAM, et al., Defendants.

DALE A. DROZD

ORDER

Plaintiff, a state prisoner proceeding pro se, 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. Moreover, 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). Plaintiff will be provided the opportunity to submit a completed in forma pauperis application and the trust account statement in support of his application.¹

1 Plaintiff has provided a declaration, dated January 9, 2012, explaining that he requested a certified copy of his trust account statement over thirty days ago and has yet to receive the document from prison officials. By this order, the court grants plaintiff thirty days to submit a new in forma pauperis application and the trust account statement. Plaintiff may request a further extension of time if necessary to comply with the court's order. However, any such request must include dates and names of the prison officials he has contacted to complete his in forma pauperis application.

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

1. Plaintiff shall submit, within thirty days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court;

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 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.

____________

DALE A. DROZD

UNITED STATES MAGISTRATE JUDGE