Wiley v. Kern County Sheriff et al

Filing 9

ORDER DENYING 8 Motion to Compel and ORDER TO SUBMIT Application to Proceed In Forma Pauperis for a Prisoner, or Pay Filing Fee Within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 8/21/2017. Motion for IFP or Fee due within thirty (30) days. (Attachments: # 1 IFP Application). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY WILEY, SR.,

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Plaintiff,
v.
KERN COUNTY SHERIFF, et al.,
Defendants.

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Case No. 1:17-cv-00981-BAM (PC)
ORDER DENYING MOTION TO COMPEL
(ECF No. 6)
ORDER TO SUBMIT APPLICATION TO
PROCEED IN FORMA PAUPERIS FOR A
PRISONER, OR PAY FILING FEE WITHIN
THIRTY (30) DAYS

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Plaintiff Anthony Wiley, Sr. (“Plaintiff”) is a pretrial detainee proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a

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United States Magistrate Judge. (ECF No. 5.)

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On July 31, 2017, Plaintiff filed an application to proceed in forma pauperis. (ECF No.

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6.) However, Plaintiff failed to attach a certified copy of his inmate trust account statement

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showing transactions for the past six months, and failed to have an authorized officer of the

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institution of incarceration complete the certification portion of the form. The Court denied

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Plaintiff’s motion to proceed in forma pauperis and ordered Plaintiff to submit a completed

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application or pay the filing fee within forty-five (45) days. (ECF No. 7.)

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On August 17, 2017, Plaintiff filed the instant motion to compel Kern County to comply

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or submit application. (ECF No. 8.) Plaintiff states that he submitted an application to proceed

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pro se to the Kern County Sheriff Financial Department on August 5, 2017, but the application

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was not signed and returned. Plaintiff did receive a copy of his account statement, and the

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response to his request was signed by a member of the Sheriff’s Department. Those documents
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are attached to the motion to compel. (Id.)

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The Court finds that Plaintiff has provided the information necessary to fulfill the

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requirements for a trust account statement and certification. Therefore, no further documents are

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required from the Kern County Sheriff’s Department, and the motion to compel is moot.

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However, Plaintiff must submit a renewed application to proceed in forma pauperis before

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the Court may allow him to proceed in this action without pre-payment of the filing fee. In his

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renewed application, the Court requests that Plaintiff provide further information regarding the

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five-bedroom home listed as an asset in the prior application to proceed in forma pauperis. (ECF

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No. 6, p. 2.) Specifically, Plaintiff should describe whether the home is currently vacant or

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occupied, and whether Plaintiff is currently receiving any rental income from the property.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

Plaintiff’s motion to compel (ECF No. 8) is DENIED, as moot;

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2.

The Clerk of the Court is directed to serve this order and a blank IFP application

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for a prisoner on Plaintiff;
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Within thirty (30) days from the date of service of this order, Plaintiff shall file

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the attached application to proceed in forma pauperis, completed and signed, or in the alternative,

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pay the $400.00 filing fee for this action;

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4.

No extension of time will be granted without a showing of good cause; and

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5.

Plaintiff is warned that the failure to comply with this order will result in

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dismissal of this action, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 21, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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