Smith v. Felker

Full title: EARL DWAYNE SMITH, Plaintiff, v. FELKER, Defendant

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

Date published: Aug 30, 2006

No. CIV S-06-1870 GEB EFB P (E.D. Cal. Aug. 30, 2006)

Opinion

No. CIV S-06-1870 GEB EFB P.

August 30, 2006

ORDER

EDMUND BRENNAN, Magistrate Judge

Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1).

Section 1915(a)(2) requires that "a prisoner seeking to bring a civil action without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . ., obtained from the appropriate official of each prison at which the prisoner is or was confined." Plaintiff has not submitted the required trust account statement.

Accordingly, plaintiff has 30 days from the date this order is served to submit the required trust account statement. Failure to comply with this order will result in a recommendation that this action be dismissed.

So ordered.