Her v. McDaniel et al

Filing 9

ORDER signed by Magistrate Judge Dale A. Drozd on 11/17/11 ordering that plaintiff shall complete the attached Notice of Submission of Document and submit it to the court within 30 days from the date of this order, with a certified copy of plaintiff's prison trust account statement for the 6 month period immediately preceding the filing of the complaint in this action. (Plummer, M) Modified on 11/18/2011 (Plummer, M).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOU HER, 11 Plaintiff, 12 13 No. CIV S-10-3108 DAD P vs. LANCE McDANIEL, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, an inmate at the Sacramento County Mail Jail and proceeding pro se, 17 filed a civil rights action pursuant to 42 U.S.C. § 1983 on November 18, 2010. Plaintiff also 18 filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. By an order filed 19 December 7, 2010, plaintiff was ordered to file a certified copy of his inmate trust account 20 statement, his complaint was dismissed and he was granted leave to file an amended complaint 21 within thirty days from the service of the order, and he was cautioned that failure to do so would 22 result in a recommendation that this action be dismissed. Although plaintiff filed his amended 23 complaint on January 3, 2011, plaintiff has failed to provide a certified copy of his trust account 24 statement as ordered by the court. Nonetheless, the court will provide plaintiff with a final 25 opportunity to comply with the court’s order. 26 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff shall complete the 2 attached Notice of Submission of Document and submit it to the court, within thirty days from 3 the date of this order, with a certified copy of plaintiff’s prison trust account statement for the 4 six-month period immediately preceding the filing of the complaint in this action. Plaintiff is 5 cautioned that failure to comply with this order will result in a recommendation that this action 6 be dismissed without prejudice. 7 DATED: November 17, 2011. 8 9 10 11 DAD:4 her3108.3c 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOU HER, 11 12 13 Plaintiff, No. CIV S-10-3108 DAD P vs. LANCE McDANIEL, et al., 14 NOTICE OF SUBMISSION Defendants. OF DOCUMENT 15 / 16 17 Plaintiff hereby submits the following document in compliance with the court’s order filed : 18 certified trust account statement for the six-month period preceding the 19 filing of this action. 20 DATED: . 21 22 Plaintiff 23 24 25 26

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