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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

JOYCE MICHELLE DYER,

Plaintiff,

v.

UNKNOWN FEMALE PIERCE COUNTY

DISTRICT COURT CLERK,

Defendant.

Case No. C05-5693FDB

SECOND ORDER TO SHOW

CAUSE

This case has been referred to United States Magistrate Judge Karen L. Strombom pursuant to 28

U.S.C. § 636(b)(1) and Local MJR 3 and 4. This matter comes before the court on plaintiff’s filing of an

application to proceed in forma pauperis and a civil rights complaint under 42 U.S.C. § 1983. To file a

complaint and initiate legal proceedings plaintiff must pay a filing fee of $250.00 or file a proper

application to proceed in forma pauperis.

On October 20, 2005, the clerk received plaintiff’s complaint. (Dkt. #1). That same day, the clerk

sent plaintiff a letter informing her that she must either pay the $250.00 court filing fee or submit a proper

application to proceed in forma pauperis by November 25, 2005, or this matter could be subject to

dismissal. (Dkt. #3). On November 18, 2005, the clerk received an in forma pauperis application from

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ORDER

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plaintiff. On December 5, 2005, the court issued an order to show cause (Dkt. #5), finding that plaintiff’s

application contained the following deficiencies. 

Pursuant to 28 U.S.C. § 1915(a)(2):

A prisoner seeking to bring a civil action or appeal a judgment in a civil action or

proceeding without prepayment of fees or security therefor . . . shall submit a certified

copy of the trust fund account statement (or institutional equivalent) for the prisoner for

the 6-month period immediately preceding the filing of the complaint or notice of appeal,

obtained from the appropriate official of each prison at which the prisoner is or was

confined.

Plaintiff thus was required to submit a statement showing the balance and activity of her account for the

six-month period immediately preceding the filing of his complaint. Here, while plaintiff had submitted a

copy of her “inmate cash account file” at the Yakima County Department of Corrections and her “inmate

property inventory” form from the Pierce County Detention and Corrections Center, neither of those

documents showed the activity and balance of her prison or jail account(s) for the six months immediately

proceeding the filing of her complaint. 

In addition, Local Rule CR 3(b) provides in relevant part:

At the time application is made under 28 U.S.C. § 1915 or other applicable acts of

Congress, for leave to commence any civil action or to file any petition or motion without

being required to prepay fees and costs or give security for them, each petitioner, movant

or plaintiff shall:

(1) Complete the in forma pauperis affidavit approved for use in this district; and

(2) File a written consent that the recovery, if any, in the action, to such amount as

the court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and

costs taxed against the plaintiff, and to his attorney the amount which the court allows or

approves as compensation for the attorney’s services.

Plaintiff, however, had not submitted the written consent required by Local Rule CR 3(b)(2). The court gave

plaintiff until January 5, 2006, to correct these deficiencies. 

On December 20, 2005, however, the postal service returned the copy of the court’s order that was

sent to plaintiff at her last known address. (Dkt. #6). Apparently, plaintiff was no longer at that address,

but she did not inform the court of her change of address. Ten days later, the clerk received additional

documentation in support of her proposed complaint in an envelope which contained a different return

address than the original address she had provided to the court. (Dkt. #7). 

On January 3, 2006, the clerk re-sent the copy of the court’s order to show cause to plaintiff at this

new address. To date, however, plaintiff still has not responded to the court’s order to show cause. The

court, nevertheless, shall grant plaintiff one more chance to cure the above deficiencies in her application to

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ORDER

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proceed in forma pauperis. 

Accordingly, this court orders the following:

(1) Plaintiff shall seek to cure the above deficiencies by filing no later than April 7, 2006, (a) a

copy of her prison trust account statement pursuant to 28 U.S.C. § 1915(a)(2) showing the

balance and activity of her account(s) for the six-month period immediately preceding the

filing of her complaint; and (b) a copy of the written consent required by Local Rule CR

3(b). 

Failure to cure these deficiencies by the above date shall be deemed a failure to

properly prosecute this matter and the court will recommend dismissal of this matter.

(2) The clerk is directed to send a copy of this Order to plaintiff.

DATED this 7th day of March, 2006.

A

Karen L. Strombom

United States Magistrate Judge

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