(PC) Miller v. Najera ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN R. MILLER, Case No. 1:19-cv-01077-AWI-BAM (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS WITHOUT PREJUDICE (ECF No. 7) 14 ALBERT NAJERA, et al., ORDER TO SUBMIT COMPLETE 15 Defendants. PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE 16 THIRTY (30) DAY DEADLINE 17 18 Plaintiff Steven R. Miller is a federal prisoner proceeding pro se in this civil rights action 19 pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of 20 Narcotics, 403 U.S. 388 (1971). Plaintiff initiated this action on August 5, 2019. (ECF No. 1.) 21 On August 8, 2019, the Court ordered Plaintiff to either submit an application to proceed in forma 22 pauperis or pay the $400.00 filing fee for this action, within forty-five days of the date of service 23 of the order. (ECF No. 3.) 24 Currently before the Court is Plaintiff’s application to proceed in forma pauperis, filed on 25 September 26, 2019. (ECF No. 7.) 26 However, Plaintiff’s application to proceed in forma pauperis is incomplete. While 27 Plaintiff has submitted a photocopy of an “inmate inquiry,” which lists Plaintiff’s prison trust 28 account balances, Plaintiff has failed to submit a certified copy of his federal prison trust account 1 statement for the six-month period immediately preceding the filing of his complaint as required 2 by 28 U.S.C. § 1915(a)(2). Plaintiff must submit a complete application that includes a certified 3 copy of his trust account statement from Federal Correctional Institution Terminal Island, if he 4 wishes for his application to proceed in forma pauperis to be considered by the Court. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s application to proceed in forma pauperis, (ECF No. 7), is DENIED, 7 without prejudice; 8 2. The Clerk of the Clerk is directed to serve a blank in forma pauperis application for 9 a prisoner on Plaintiff; 10 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the 11 attached application to proceed in forma pauperis, completed and signed, including 12 a certified copy of his federal prison trust account statement for the past six months, 13 or, in the alternative, pay the $400.00 filing fee for this action; 14 4. No extension of time will be granted without a showing of good cause; and 15 5. Plaintiff is warned that the failure to comply with this order will result in 16 dismissal of this action, without prejudice. 17 IT IS SO ORDERED. 18 19 Dated: October 1, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28