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Stickler v. Burkard

United States District Court, E.D. California
May 15, 2008
No. CIV S-08-0701 JAM DAD P (E.D. Cal. May. 15, 2008)

Opinion

No. CIV S-08-0701 JAM DAD P.

May 15, 2008


ORDER


On May 2, 2008, plaintiff requested an extension of time to file an application to proceed in forma pauperis pursuant to the court's order of April 22, 2008. On May 8, 2008, plaintiff submitted his application; however, the form is not complete and has not been signed by an authorized officer at High Desert State Prison. In addition, plaintiff did not attach a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action.See 28 U.S.C. § 1915(a)(2). Plaintiff will be granted thirty days to submit a new application and a certified copy of his prison trust account statement for the relevant six-month period.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's May 2, 2008 request for an extension of time is granted;

2. Plaintiff's May 8, 2008 application to proceed in forma pauperis is denied as incomplete;

3. Plaintiff is granted thirty days from the date of this order in which to file an application to proceed in forma pauperis and a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action. Plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice; and

4. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. UNITED STATES DISTRICT COURT APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER CASE NUMBER:

EASTERN DISTRICT OF CALIFORNIA Delbert Stickler, vs. Burkard, 2:08-CV-0701 JAM DAD PC 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


Summaries of

Stickler v. Burkard

United States District Court, E.D. California
May 15, 2008
No. CIV S-08-0701 JAM DAD P (E.D. Cal. May. 15, 2008)
Case details for

Stickler v. Burkard

Case Details

Full title:DELBERT STICKLER, Plaintiff, v. BURKARD, Defendant

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

Date published: May 15, 2008

Citations

No. CIV S-08-0701 JAM DAD P (E.D. Cal. May. 15, 2008)