Richard Stanley Sandoval v. James Patrick Murphy

Filing 7

MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Kenly Kiya Kato, on April 16, 2015, Plaintiff filed a certified copy of his inmate trust account. ECF Docket No. 6. Plaintiff's response is untimely. Moreover, Plaintiff's response fails to address the Court's reasons for denying his request to proceed in forma pauperis in that it (1) fails to address the fact that Plaintiff purported to file a civil rights claim against a private party; and (2) fails to authorize disbursements form his prison trust account. The case remains closed. (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL

Case No. CV 15-01370-JLS (KK)

Date: April 21, 2015

Title: Richard Stanley Sandoval v. James Patrick Murphy
DOCKET ENTRY
PRESENT:

HON. KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
None
Court Reporter/Recorder

Deb Taylor
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF(S):

None

PROCEEDINGS:

ATTORNEYS PRESENT FOR DEFENDANT(S):

None

(IN CHAMBERS)

This is a pro se civil rights complaint filed by plaintiff Richard Stanley Sandoval. On
February 26, 2015, Plaintiff filed a Complaint against Defendant James Patrick Murphy.
ECF Docket No. 1. Plaintiff filed a request to proceed in forma pauperis in connection with
his complaint.
In the Complaint, Plaintiff alleged Defendant failed to provide him with $50,000-$60,000 in
proceeds from a divorce settlement. Because the sole Defendant is a private attorney, the
Court found there to be no basis for finding Defendant was acting under color of law. See
e.g., Polk County v. Dodson, 454 U.S. 312, 325, 102 S. Ct. 445, 70 L. Ed. 2d 509 (1981).
Hence, on March 6, 2015, the Court denied Plaintiff's request to proceed in forma pauperis.
ECF Docket No. 4. The Court further found denial of Plaintiff's request to proceed in forma
pauperis appropriate because Plaintiff had failed to authorize disbursements from his prison
trust account. Id. The Court granted Plaintiff's leave to amend within 30 days. Id. Plaintiff
failed to file a response within the 30 days provided and, thus, the case was closed on April
7, 2015.
On April 16, 2015, Plaintiff filed a certified copy of his inmate trust account. ECF Docket No.
6. Plaintiff's response is untimely. Moreover, Plaintiff's response fails to address the
Court's reasons for denying his request to proceed in forma pauperis in that it (1) fails to
address the fact that Plaintiff purported to file a civil rights claim against a private party; and
(2) fails to authorize disbursements form his prison trust account.
The case remains closed.

Initials of Deputy Clerk

MINUTES FORM 11
CIVIL-GEN

dts