Free Order - District Court of California - California

Case 5:07-cv-04990-JF

Document 5

Filed 12/11/2007

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CHARMAINE D. WHEELER, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. /

No. C 07-4990 JF (PR) ORDER REGARDING MOTION TO PROCEED IN FORMA PAUPERIS

(Docket No. 2)

Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On that same date, the Clerk of the Court sent Plaintiff a notice directing her to pay the filing fee or to file a completed in forma pauperis (IFP) application. Plaintiff has filed an IFP application; however, Plaintiff did not file supporting documentation of a certificate of funds singed by an authorized prison official and a prisoner trust account statement for the preceding six months. The Court cannot conduct an initial review of this matter until Plaintiff has either paid the filing fee or submitted a completed IFP application. See 28 U.S.C. § 1915(a) (a party is permitted to file a civil action in federal court without prepayment of fees or security if he makes affidavit that he is unable to pay such fees or give security therefor).

Case 5:07-cv-04990-JF

Document 5

Filed 12/11/2007

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If the Plaintiff is a prisoner who alleges that she is unable to pay the full filing fee at the time of filing, she must submit: (1) an affidavit that includes a statement of all assets she possesses, and (2) a certified copy of the trust fund account statement for the prisoner for the six-month period immediately preceding the filing of the action, obtained from the appropriate official of each prison at which the prisoner is or was confined. See id. § 1915(a)(1), (2). If the Court determines that the Plaintiff is unable to pay the full filing fee at the time of filing, Plaintiff will be granted leave to proceed IFP. Therefore, before the Court reviews the complaint, Plaintiff shall submit a copy of the certificate of funds and prisoner trust account statement enclosed. She shall indicate on these documents a clear indication that it is for the above-referenced case number, C 07-4990 JF. Plaintiff shall submit this supporting documentation within thirty (30) days of the date this Order is filed. Failure to file copies of Plaintiff's Certificate of Funds and prisoner trust account statement as set forth above by the thirty-day deadline shall result in the Court's dismissal of this action without prejudice. IT IS SO ORDERED. DATED: 12/10/07 ______________________________ JEREMY FOGEL United States District Judge

Order Regarding Motion to Proceed in Forma Pauperis P:\PRO-SE\SJ.Jf\CR.07\Wheeler990ifpext.wpd

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Case 5:07-cv-04990-JF

Document 5

Filed 12/11/2007

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A copy of this ruling was mailed to the following:
Charmaine D. Wheeler 39637-180 FCI Dublin Unit C/D 5701 8th Street Camp Parks Dublin, CA 94568

Order Regarding In Forma Pauperis Motion P:\pro-se\sj.rmw\cr.07\Calloway335ifp

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