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Smith v. Albee

United States District Court, Ninth Circuit, California, E.D. California
Sep 17, 2015
2:15-cv-1598 KJN P (E.D. Cal. Sep. 17, 2015)

Opinion


MICHAEL LENOIR SMITH, Plaintiff, v. DARREN ALBEE, et al., Defendants. No. 2:15-cv-1598 KJN P United States District Court, E.D. California. September 17, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         By order filed July 29, 2015, plaintiff was directed to pay the $400.00 filing fee or file a completed in forma pauperis affidavit, within thirty days. On August 31, 2015, plaintiff filed a letter stating that he mailed his request to proceed in forma pauperis to the inmate trust account office at Corcoran State Prison, but that "no counselor has appeared to receive the self-addressed stamped envelope to mail said affidavit, which is provided to the counselor by CSP inmate trust account prison personnel upon verification." (ECF No. 4.) Plaintiff claims he is "still waiting for prison officials to do their jobs." (Id.)

         Plaintiff is advised that this action cannot proceed until he pays the filing fee or submits a completed application to proceed in forma pauperis and prison trust account statement which are certified by prison officials. Plaintiff must follow up with prison officials to ensure that the required documents are submitted to the court. Failure to provide these documents will result in the dismissal of this action. Fed.R.Civ.P. 41(b). In an abundance of caution, plaintiff is granted an extension of time in which to submit the appropriate documents. However, failure to comply with this order will result in the dismissal of this action.

         IT IS HEREBY ORDERED that:

         1. Plaintiff is granted thirty days from the date of this order in which to pay the filing fee or submit a completed in forma pauperis affidavit on the form used by this district, along with a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiff's failure to comply with this order will result in the dismissal of this action without prejudice. Fed.R.Civ.P. 41(b).

         2. The Clerk of the Court is directed to send plaintiff an application to proceed in forma pauperis by a prisoner.


Summaries of

Smith v. Albee

United States District Court, Ninth Circuit, California, E.D. California
Sep 17, 2015
2:15-cv-1598 KJN P (E.D. Cal. Sep. 17, 2015)
Case details for

Smith v. Albee

Case Details

Full title:MICHAEL LENOIR SMITH, Plaintiff, v. DARREN ALBEE, et al., Defendants.

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

Date published: Sep 17, 2015

Citations

2:15-cv-1598 KJN P (E.D. Cal. Sep. 17, 2015)