Opinion
No. CIV S-07-0021 MCE EFB P.
May 27, 2008
ORDER
Plaintiff is a prisoner without counsel seeking relief for civil rights violations. See 42 U.S.C. § 1983. On August 17, 2007, the court dismissed plaintiff's application to proceed in forma pauperis with leave to amend. The court found that the trust account statement appended to his in forma pauperis application represented account activity dating back only three months before the date he filed his complaint, rather than the required six months. See 28 U.S.C. § 1915(g). Petitioner has now filed another application to proceed in forma pauperis, yet this one is deficient in that it lacks a trust-account statement altogether.
To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that plaintiff has 30 days from the date this order is served in which to file a completed in forma pauperis application, including a certified copy of his trust-account statement for the six-month period immediately preceding the filing of his complaint. The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in a recommendation that this action be dismissed.