Wise v. State of Washington Department of Corrections

Full title: JOHN WISE, Plaintiff, v. STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS, et…

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Feb 1, 2006

Case No. C05-5810FDB (W.D. Wash. Feb. 1, 2006)

Opinion

Case No. C05-5810FDB.

February 1, 2006

ORDER TO SHOW CAUSE

KAREN STROMBOM, Magistrate Judge

This case has been referred to United States Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. This matter comes before the Court on plaintiff's filing of an application to proceed in forma pauperis and a civil rights complaint under 42 U.S.C. § 1983. To file a complaint and initiate legal proceedings, plaintiff must pay a filing fee of $250.00 or file a proper application to proceed in forma pauperis.

On December 19, 2005, the clerk received plaintiff's complaint. (Dkt. #1). On December 22, 2005, the clerk sent a letter to plaintiff, informing him that he must either pay the $250.00 court filing fee or a proper application to proceed in forma pauperis. (Dkt. #2). On January 19, 2006, plaintiff filed an application to proceed in forma pauperis. (Dkt. #5). However, pursuant to 28 U.S.C. § 1915(a)(2):

A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor . . . 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 or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined.

Plaintiff thus also is required to submit a statement showing the balance and activity of his account for the six-month period immediately preceding the filing of his complaint. To date, plaintiff has not done so.

Accordingly, this Court orders the following:

(1) Plaintiff shall seek to cure this deficiency by filing no later than March 3, 2005, a copy of his prison trust account statement pursuant to 28 U.S.C. § 1915(a)(2) showing the balance and activity of his account for the six-month period immediately preceding the filing of his complaint.

Failure to cure this deficiency by the above date shall be deemed a failure to properly prosecute this matter and the Court will recommend dismissal of this matter.

(2) The Clerk is directed to send a copy of this Order to plaintiff.