Williams v. Pfieffer, et al.

Filing 11

ORDER DENYING Plaintiff's Motion for Order for Defendants to Show Cause Why Plaintiff's Application(s) Submitted to Proceed in Forma Pauperis Were Not Mailed to the Court 10 ; ORDER DIRECTING Clerk to Send Plaintiff an Application to Proceed in Forma Pauperis, signed by Magistrate Judge Erica P. Grosjean on 6/29/17: 30-Day Deadline. (Attachments: # 1 IFP Application - blank form)(Hellings, J)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DONALD LEE WILLIAMS, 9 10 11 12 Case No. 1:17-cv-00549-EPG (PC) ORDER DENYING PLAINTIFF’S MOTION FOR ORDER FOR DEFENDANTS TO SHOW CAUSE WHY PLAINTIFF’S APPLICATION(S) SUBMITTED TO PROCEED IN FORMA PAUPERIS WERE NOT MAILED TO THE COURT Plaintiff, v. C. PFIEFFER, et al., Defendants. (ECF NO. 10) 13 ORDER DIRECTING CLERK TO SEND PLAINTIFF AN APPLICATION TO PROCEED IN FORMA PAUPERIS 14 15 THIRTY DAY DEADLINE 16 17 18 19 20 21 22 23 24 25 26 27 Donald Williams (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. On June 26, 2017, Plaintiff filed a motion for an order for the defendants to show cause why Plaintiff’s application(s) submitted to proceed in forma pauperis were not mailed to the Court (“the Motion”). (ECF No. 10). According to Plaintiff, on April 27, 2017, he submitted an application to proceed in forma pauperis to the Salinas Valley State Prison (“SVSP”) Trust Office, for the purpose of obtaining a certified copy of Plaintiff’s prison trust account statement. Plaintiff included instructions for the application to be mailed to the Court after the trust account statement was attached. Plaintiff did not hear back (even after asking the Trust Office to confirm that the in forma pauperis application was received and mailed to the Court), so Plaintiff submitted another application to proceed in forma pauperis to the Trust Office on May 16, 2017. Plaintiff once again did not receive a 28 1 1 response. Accordingly, Plaintiff asks that “[t]he defendants or SVSP Trust [O]ffice personnel or 2 Plaintiff’s assigned counselor C. Ramos… be ordered by the Court… to show cause why 3 Plaintiff’s application[s] submitted to the SVSP Trust Office personnel to proceed in forma 4 pauperis were not mailed to the Court.” 5 The Court will not grant Plaintiff’s request at this time. The individual defendants in this 6 case do not appear to be the ones with Plaintiff’s papers. Moreover, Plaintiff should complete an 7 in forma pauperis application and submit it directly to the Court. If he is unable to get a copy of 8 his trust account statement, he may file evidence (in the form a declaration) explaining why he is 9 unable to get it.1 10 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that: 11 1. The Motion is DENIED; 12 2. The Clerk of Court is directed to send Plaintiff an application to proceed in forma pauperis; 13 14 3. Plaintiff has thirty days from the date of service of this order to complete and 15 return the attached application to proceed in forma pauperis. If Plaintiff is unable 16 to get a copy of his prison trust account statement, he may file evidence (in the 17 form a declaration) explaining why he is unable to get it; 4. The Clerk’s Office shall serve a copy of this order on Deputy Attorney General 18 Monica Anderson at the Attorney General’s Office; and 19 5. Failure to comply with this order will result in dismissal of this action. 20 21 IT IS SO ORDERED. 22 23 Dated: June 29, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 The Court will, however, copy the Attorney General’s office on this order in the hope that attorneys there may help facilitate getting the necessary paperwork regarding Plaintiff’s trust account statement to the Court. 2

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