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ORDER

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

JAMES ERNEST DICKERSON,

Plaintiff,

v.

CAROL PORTER, et al,

Defendants.

Case No. C06-5236FDB-KLS

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 $350.00 or file a proper

application to proceed in forma pauperis.

On April 13, 2006, the Clerk received plaintiff’s complaint. (Dkt. #1). On May 1, 2006, the Clerk

sent plaintiff a letter informing him that he must either pay the court filing fee or submit a proper

application to proceed in forma pauperis by May 31, 2006, or this matter could be subject to dismissal.

(Dkt. #2). Plaintiff responded to that letter by filing an application to proceed in forma pauperis on May

9, 2006. (Dkt. #7). As discussed below, however, that application is deficient. 

Case 3:06-cv-05236-FDB Document 10 Filed 06/15/06 Page 1 of 2
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ORDER

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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. Plaintiff, however, has not done so.

In addition, plaintiff states in his application that he has received gifts or inheritances during the past

twelve months, but fails to describe the nature and extent of those gifts or inheritances. The Court thus is

unable to determine plaintiff’s eligibility for in forma pauperis status at this time. 

Accordingly, the Court orders the following:

(1) Plaintiff shall seek to cure the above deficiencies by filing no later than July 15, 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, and (b) a detailed explanation regarding the nature and extent of the

gifts or inheritances he has received during the past twelve months, including the amounts

thereof and whether he expects to continue to receive them. 

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 15th day of June, 2006.

A

Karen L. Strombom

United States Magistrate Judge

Case 3:06-cv-05236-FDB Document 10 Filed 06/15/06 Page 2 of 2