Cruz v. Savioe
ORDER DENYING AS MOOT 8 Motion for District Court Not to Impose Sanctions or Dismissal of Case signed by Magistrate Judge Barbara A. McAuliffe on 12/6/2017. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GUILLERMO TRUJILLO CRUZ,
Case No. 1:17-cv-01474-DAD-BAM (PC)
ORDER DENYING MOTION FOR DISTRICT
COURT NOT TO IMPOSE SANCTIONS OR
DISMISSAL OF CASE AS MOOT
Plaintiff Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
Plaintiff initiated this action on November 2, 2017. (ECF No. 1.) On November 3, 2017,
the Court issued an order requiring Plaintiff to submit an application to proceed in forma pauperis
or pay the filing fee within forty-five (45) days. (ECF No. 3.) On November 13, 2017, Plaintiff
submitted a motion to proceed in forma pauperis, including a certificate of funds in prisoner’s
account and an inmate trust account statement, both certified by the CDCR Trust Office. (ECF
No. 6.) On November 21, 2017, the Court issued an order granting Plaintiff’s motion to proceed
in forma pauperis. (ECF No. 7.)
Currently before the Court is Plaintiff’s motion for District Court not to impose sanctions
or dismissal of case, filed December 1, 2017. (ECF No. 8.) Plaintiff states that on November 21,
2017, he submitted a request for a signed and certified account statement from the Trust Account
Office at Kern Valley State Prison. Plaintiff believes that the Trust Account Office is denying
him the requested documents to prevent him from proceeding with the instant action. Plaintiff
files this motion to inform that Court that his inability to meet the deadline is due to the
negligence and obstruction of prison officials. Plaintiff further requests a subpoena form for this
case, so that he may request production of documents and electronically stored information. (Id.)
As discussed above, the Court has received Plaintiff’s completed motion to proceed in
forma pauperis, along with a certified copy of his trust account statement. (ECF No. 6.) As this
motion has been granted and no further documentation is required, no sanctions are contemplated
and Plaintiff’s motion is denied as moot.
To the extent Plaintiff requests a subpoena form so he may request production of
documents, Plaintiff’s request is premature. The Court has not yet screened the complaint, as
required by 28 U.S.C. § 1915A, nor has the complaint been served on any defendant. Discovery
will commence following the service of Plaintiff’s complaint. Plaintiff’s complaint will be
screened in due course.
Accordingly, the Court HEREBY DENIES Plaintiff’s motion for District Court not to
impose sanctions or dismissal of case, (ECF No. 8), as moot.
IT IS SO ORDERED.
December 6, 2017
UNITED STATES MAGISTRATE JUDGE
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