Opinion
No. C 09-01568 JW (PR).
April 8, 2010
ORDER GRANTING FINAL EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS
On April 9, 2009, plaintiff filed this pro se civil rights action along with an application to proceed in forma pauperis. The application was deficient because it was missing a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer at the prison. On August 14, 2009, the Court granted an extension of time for plaintiff to submit a completed Certificate of Funds. (Docket No. 6.) To date, there is no record in this action of the Court receiving the necessary Certificate of Funds, without which the Court cannot consider granting leave to proceed in forma pauperis.
In the interest of justice, the Court will extend a final extension of time for plaintiff to file the certificate. Plaintiff must submit a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer at the prison within thirty (30) days from the date this order is filed.
Failure to do respond in accordance with this order will result in dismissal of this case without prejudice for failure to pay the filing fee without further notice to plaintiff.
The Clerk shall include two blank copies of the Certificate of Funds from the In Forma Pauperis Application with a copy of this order to plaintiff.
CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT
I certify that attached hereto is a true and correct copy of the prisoner's trust account statement showing transactions of[prisoner name] for the last six months [name of institution] where (s)he is confined.
I further certify that the average deposits each month to this prisoner's account for the most recent 6-month period were $ ______________ and the average balance in the prisoner's account each month for the most recent 6-month period was $ ______________.
Dated: _____________ ________________________________________________ [Authorized officer of the institution]