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Galvan v. Purviance

United States District Court, E.D. California
Jun 3, 2008
No. CIV S-08-883 LKK EFB P (E.D. Cal. Jun. 3, 2008)

Opinion

No. CIV S-08-883 LKK EFB P.

June 3, 2008


ORDER


Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1).

Section 1915(a)(2) requires "a prisoner seeking to bring a civil action without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), 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 . . ., obtained from the appropriate official of each prison at which the prisoner is or was confined." Plaintiff has not submitted the required trust account statement.

Plaintiff has also requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). The court finds that there are no exceptional circumstances in this case.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff has 30 days from the date this order is served to submit the required trust account statement. The Clerk of Court is directed to send plaintiff an application to proceed in forma pauperis used in this district. Failure to comply with this order will result in a recommendation that this action be dismissed; and

2. Plaintiff's April 28, 2008, motion for appointment of counsel is denied. UNITED STATES DISTRICT COURT APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER CASE NUMBER:

EASTERN DISTRICT OF CALIFORNIA Plaintiff vs. Defendant(s) I, _________________________________________________, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. § 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.

In support of this application, I answer the following questions under penalty of perjury: Have the institution fill out the Certificate portion of this application and attach a certified copy of your prison trust account statement showing transactions for the past six months. and

1. Are you currently incarcerated: Yes No (If "No" DO NOT USE THIS FORM) If "Yes" state the place of your incarceration. _________________________________ 2. Are you currently employed? Yes No a. If the answer is "Yes" state the amount of your pay. b. If the answer is "No" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. In the past twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment Yes No b. Rent payments, interest or dividends Yes No c. Pensions, annuities or life insurance payments Yes No d. Disability or workers compensation payments Yes No e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes" describe by that item each source of money and state the amount received what you expect you will continue to receive. Please attach an additional sheet if necessary. 4. Do you have cash or checking or savings accounts? Yes No If "Yes" state the total amount: ____________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? Yes No If "Yes" describe the property and state its value. ____________________________________________ 6. Do you have any other assets? Yes No If "Yes" list the asset(s) and state the value of each asset listed. 7. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2).

I declare under penalty of perjury that the above information is true and correct.

________________________ __________________________________________________________________ DATE SIGNATURE OF APPLICANT

CERTIFICATE (To be completed by the institution of incarceration)

I certify that the applicant named herein has the sum of $_______________ on account to his/her credit at _________________________________________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $_____________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $______________.

(Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.)

________________________ __________________________________________________________________ DATE SIGNATURE OF AUTHORIZED OFFICER


Summaries of

Galvan v. Purviance

United States District Court, E.D. California
Jun 3, 2008
No. CIV S-08-883 LKK EFB P (E.D. Cal. Jun. 3, 2008)
Case details for

Galvan v. Purviance

Case Details

Full title:CHAD ANTHONY GALVAN, Plaintiff, v. S. PURVIANCE, et al., Defendants

Court:United States District Court, E.D. California

Date published: Jun 3, 2008

Citations

No. CIV S-08-883 LKK EFB P (E.D. Cal. Jun. 3, 2008)