Armstrong v. Spearman, et al.

Filing 6

ORDER Granting 4 First Motion to Extend Time to Submit Application to Proceed In Forma Pauperis; ORDER Denying Motion for a Hearing signed by Magistrate Judge Stanley A Boone on 04/08/2013. Motion for IFP due by 5/13/2013. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BRADY K. ARMSTRONG,

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Plaintiff,
v.
M.E. SPEARMAN AND
A. DESFOSSES,

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1:13-cv-00246 SAB (PC)
ORDER GRANTING FIRST MOTION
TO EXTEND TIME TO SUBMIT
APPLICATION TO PROCEED IN FORMA
PAUPERIS
ORDER DENYING MOTION FOR A
HEARING

Defendants.
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(ECF No. 4)
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THIRTY-DAY DEADLINE
Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. §

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1983. On March 20, 2013, Plaintiff filed a motion to extend time to file his application to

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proceed in forma pauperis. (ECF No. 4.) Good cause having been presented to the Court

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and good cause appearing therefor, the Court will grant Plaintiff’s request for an extension of

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time. The Court will grant Plaintiff a thirty-day extension, however, Plaintiff is cautioned that

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this will be the final extension and that Plaintiff needs to take appropriate steps to ensure that he

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can fulfill his obligation to either file a motion to proceed in pauperis or pay the filing fee.

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Plaintiff’s March 20, 2013 filing also requested a telephonic hearing. (ECF No. 4.)

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

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The Court will direct the United States Marshal to serve Plaintiff's complaint on defendants

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only after the Court has screened the complaint and determined that it contains cognizable

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claims for relief against the named defendants. First Informational Order ¶ 12; ECF No. 2. Due

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to the fact that Plaintiff’s complaint has not yet been screened, a telephonic hearing is

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premature at this time.

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Accordingly, it is hereby ORDERED that:

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1.

Plaintiff is granted thirty (30) days from the date of service of this order in

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which to file an application to proceed in forma pauperis or pay the filing fee;

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and

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2.

Plaintiff’s request for a telephonic hearing is hereby DENIED.

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IT IS SO ORDERED.

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Dated:
i1eed4

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April 8, 2013
UNITED STATES MAGISTRATE JUDGE