SMITH v. CSER

Full title: DESHONE LEE SMITH, Plaintiff, v. C. CSER, Defendants

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

Date published: Aug 23, 2007

No. CIV S-07-1330-LKK-CMK-P (E.D. Cal. Aug. 23, 2007)

Opinion

No. CIV S-07-1330-LKK-CMK-P.

August 23, 2007

ORDER

CRAIG KELLISON, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's request for additional time in preparation of his application for leave to proceed in forma pauperis (Doc. 7). Plaintiff has submitted a portion of the application as well as a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint. However, plaintiff has not submitted a completed application. Plaintiff will be provided with another copy of the application to complete and the opportunity to submit the completed application. Plaintiff is required to answer all questions on the application to establish indigence prior to being granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(2). However, as the court has received a certification from the prison as well as a certified copy of plaintiff's trust account statement, plaintiff is not required to submit these certifications again. Plaintiff is warned that failure to comply with this order may result in the dismissal of this action. See Local Rule 11-110.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff shall complete the application, on the form provided by the Clerk of the Court, and file it with this Court within 30 days from the date of this order, or the submit the appropriate filing fee; and

2. The Clerk of the Court is directed to send plaintiff a new form Application to Proceed In Forma Pauperis By a Prisoner. UNITED STATES DISTRICT COURT APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER CASE NUMBER:

EASTERN DISTRICT OF CALIFORNIA Plaintiff vs. Defendant(s) I, ___________________________________________, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. § 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.

In support of this application, I answer the following questions under penalty of perjury: Have the institution fill out the Certificate portion of this application and attach a certified copy of your prison trust account statement showing transactions for the past six months. and

1. Are you currently incarcerated: Yes No (If "No" DO NOT USE THIS FORM) If "Yes" state the place of your incarceration. _____________________________________________________ 2. Are you currently employed? Yes No a. If the answer is "Yes" state the amount of your pay. b. If the answer is "No" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. In the past twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment Yes No b. Rent payments, interest or dividends Yes No c. Pensions, annuities or life insurance payments Yes No d. Disability or workers compensation payments Yes No e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes" describe by that item each source of money and state the amount received what you expect you will continue to receive. Please attach an additional sheet if necessary. 4. Do you have cash or checking or savings accounts? Yes No If "Yes" state the total amount: _____________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? Yes No If "Yes" describe the property and state its value. _____________________________________________ 6. Do you have any other assets? Yes No If "Yes" list the asset(s) and state the value of each asset listed. 7. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2).

I declare under penalty of perjury that the above information is true and correct.

____________ _______________________________________________________ DATE SIGNATURE OF APPLICANT

CERTIFICATE (To be completed by the institution of incarceration)

I certify that the applicant named herein has the sum of $________________ on account to his/her credit at ________________________________________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $______________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $________________.

(Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.)

____________ ______________________________________________________ DATE SIGNATURE OF AUTHORIZED OFFICER