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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

SIMON WILLIAMS, JR.,

Plaintiff,

v.

ATTORNEY MICHAEL EVANS, et al,

Defendants.

Case No. C06-5288RBL-KLS

SECOND ORDER TO SHOW

CAUSE REGARDING

PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA

PAUPERIS

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 $350.00 or file a proper

application to proceed in forma pauperis.

On April 12, 2006, plaintiff filed his complaint and application to proceed in forma pauperis with

the United States District Court Eastern District of Washington. (Dkt. #7). On May 25, 2006, the United

States District Court Eastern District of Washington transferred this matter to this Court. (Dkt. #6). On

June 1, 2006, the Clerk sent plaintiff a letter informing him his application was deficient in that he had not

submitted the written consent required by Local Rule CR 3(b). (Dkt. #8). The Clerk informed plaintiff that

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ORDER

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failure to submit that consent by July 3, 2006, could result in dismissal of this action. 

On June 6, 2006, the Court issued an order informing plaintiff of certain other deficiencies in his

application to proceed in forma pauperis. (Dkt. #10). That order, however, was returned as undeliverable

on June 8, 2006, as had the letter sent by the Clerk previously. (Dkt. #11-#12). On July 13, 2006, plaintiff

filed a notice of change of address with the Court. (Dkt. #13). Accordingly, the Court hereby is issuing

this second order to show cause to give plaintiff another opportunity to cure the deficiencies in his

application. 

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.

As noted in the letter plaintiff was sent by the Clerk, plaintiff has not submitted the written consent required by

Local Rule CR 3(b)(2). 

In addition, the acknowledgment and authorization plaintiff submitted pursuant to 28 U.S.C. §

1915(b), references the $250.00 Court filing fee he is obligated to re-pay. At the time plaintiff filed his

complaint, however, the filing fee had been increased to $350.00. Accordingly, the Court requires from

plaintiff a new signed and completed acknowledgment and authorization form referencing the current

$350.00 filing fee. 

Finally, 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 his account for the

six-month period immediately preceding the filing of his complaint. However, plaintiff has submitted a

statement showing the balance and activity of his account only for the months of January and February,

2006. 

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ORDER

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Accordingly, the Court orders the following:

(1) Plaintiff shall seek to cure the above deficiencies by filing no later than August 17, 2006,

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

showing the balance and activity of his account(s) for the six-month period immediately

preceding the filing of his complaint; (b) a copy of the acknowledgment and authorization

form pursuant to 28 U.S.C. § 1915(b) referencing the $350.00 filing fee; and (c) a copy of

the written consent required by Local Rule CR 3(b), as noted by the Clerk. 

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, along with the appropriate

written consent and acknowledgment and authorization forms. 

DATED this 17th day of July, 2006.

A

Karen L. Strombom

United States Magistrate Judge

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