Summerhays
v.
Kennard

United States District Court, D. Utah, Central DivisionAug 22, 2005
Case No. 2:05CV00706 DB. (D. Utah Aug. 22, 2005)

Case No. 2:05CV00706 DB.

August 22, 2005


Plaintiff, Tyler Scott Summerhays, an inmate at Utah State Prison, submits a pro se civil rights complaint. See 42 U.S.C.S. § 1983 (2005). Plaintiff applies to proceed without prepaying his filing fee. See 28 id. § 1915. However, Plaintiff has not as required by statute submitted "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." See id. § 1915(a) (2).

IT IS HEREBY ORDERED that Plaintiff's application to proceed without prepaying his filing fee is granted.

So that the Court may calculate Plaintiff's initial partial filing fee, IT IS ALSO ORDERED that Plaintiff shall have thirty days from the date of this Order to file with the Court a certified copy of his inmate trust fund account statements for the six months immediately preceding the filing of the complaint. If Plaintiff was held at more than one institution during the past six months, he shall file certified trust fund account statements (or institutional equivalent) from the appropriate official at each institution where he was confined. The trust fund account statement(s) must show deposits and average balances for each month. If Plaintiff does not fully comply, his complaint will be dismissed.