United States District Court, W.D. Pennsylvania
September 14, 2005.
ANTHONY WILLIAMS, Plaintiff,
L.T. FORTE, et al., Defendants.
The opinion of the court was delivered by: FRANCIS CAIAZZA, Chief Magistrate Judge
MEMORANDUM AND ORDER
This is a civil rights suit filed by a prisoner in state
The case has been filed but no decision has been made with
respect to the Plaintiff's Motion for Leave to Proceed In
Title 28 of the United States Code, Section 1915, entitled
"Proceedings in forma pauperis" was amended by Section 804
of P.L. 104-134, Amendments to Civil Rights of Institutionalized
Persons Act, on April 26, 1996. Pursuant to Section 804(a)(F)(1),
28 U.S.C. § 1915(a)(2) now provides:
A prisoner seeking to bring a civil action . . .
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 . . ., obtained
from the appropriate official of each prison at which
the prisoner is or was confined. The motion for leave to proceed in forma pauperis in this
case does not contain an institutional account statement, as now
Therefore, this 14th day of September, 2005;
IT IS ORDERED that the Plaintiff shall, on or before September
29, 2005, submit to the court a certified copy of his
institutional account statement from every jail or prison at
which he was confined, showing the status of that account or
accounts from March 1, 2005, through the date the account
statement is submitted.
IT IS FURTHER ORDERED that the parties are allowed ten (10)
days from this date to appeal this order to a district judge
pursuant to Local Rule 72.1.3 B. Failure to appeal within ten
(10) days may constitute waiver of the right to appeal.
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