Ford v. Vallejo Police Department, et al

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 11/17/11 ordering that within 20 days from the date of this order plaintiff shall file an affidavit explaining the discrepancies between his in forma pauperis application and the trust account statement appended thereto. (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 KEITH FORD, 11 12 13 Plaintiff, No. 2:11-cv-1692 DAD (PC) vs. VALLEJO POLICE DEPARTMENT DETECTIVE LES BOTTOMLEY, 14 Defendant. 15 ORDER / 16 Plaintiff, a county jail inmate proceeding pro se, has filed a civil rights action 17 pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis 18 pursuant to 28 U.S.C. § 1915. Plaintiff, the only party to appear in this action, has consented to 19 proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 20 In his request to proceed in forma pauperis, plaintiff represents that he is not 21 employed at the jail and that he has not received any money from any source for the past twelve 22 months. The trust account statement appended to the application, however, reflects twenty-three 23 deposits to plaintiff’s inmate trust account between October 3, 2010 and October 4, 2011 in 24 amounts ranging from $19.00 to $102.00. Good cause appearing, plaintiff will be given an 25 opportunity to explain the discrepancy between his in forma pauperis application and the trust 26 account statement appended thereto. Plaintiff shall explain the source of the cash deposits to his 1 1 account and whether he expects to continue to receive funds from those or any other sources. 2 Plaintiff is cautioned that Fed. R. Civ. P. 11 provides for imposition of sanctions on parties who 3 intentionally file false information with the court. 4 In accordance with the above, IT IS HEREBY ORDERED that within twenty days 5 from the date of this order plaintiff shall file an affidavit explaining the discrepancies between 6 his in forma pauperis application and the trust account statement appended thereto. Plaintiff’s 7 failure to comply with this order will result in a recommendation that this action be dismissed. 8 DATED: November 17, 2011. 9 10 11 12 12 ford2692.ifpexpl 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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