(PC) Miller v. Najera

Opinion

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

Dated: October 1, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE