Cruz v. Savioe

Filing 9

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,
v.

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

S. SAVIOE,
Defendant.

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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.

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Plaintiff initiated this action on November 2, 2017. (ECF No. 1.) On November 3, 2017,

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the Court issued an order requiring Plaintiff to submit an application to proceed in forma pauperis

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or pay the filing fee within forty-five (45) days. (ECF No. 3.) On November 13, 2017, Plaintiff

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submitted a motion to proceed in forma pauperis, including a certificate of funds in prisoner’s

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account and an inmate trust account statement, both certified by the CDCR Trust Office. (ECF

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No. 6.) On November 21, 2017, the Court issued an order granting Plaintiff’s motion to proceed

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in forma pauperis. (ECF No. 7.)

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Currently before the Court is Plaintiff’s motion for District Court not to impose sanctions

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or dismissal of case, filed December 1, 2017. (ECF No. 8.) Plaintiff states that on November 21,

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2017, he submitted a request for a signed and certified account statement from the Trust Account
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Office at Kern Valley State Prison. Plaintiff believes that the Trust Account Office is denying

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him the requested documents to prevent him from proceeding with the instant action. Plaintiff

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files this motion to inform that Court that his inability to meet the deadline is due to the

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negligence and obstruction of prison officials. Plaintiff further requests a subpoena form for this

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case, so that he may request production of documents and electronically stored information. (Id.)

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As discussed above, the Court has received Plaintiff’s completed motion to proceed in

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forma pauperis, along with a certified copy of his trust account statement. (ECF No. 6.) As this

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motion has been granted and no further documentation is required, no sanctions are contemplated

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and Plaintiff’s motion is denied as moot.

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To the extent Plaintiff requests a subpoena form so he may request production of

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documents, Plaintiff’s request is premature. The Court has not yet screened the complaint, as

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required by 28 U.S.C. § 1915A, nor has the complaint been served on any defendant. Discovery

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will commence following the service of Plaintiff’s complaint. Plaintiff’s complaint will be

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screened in due course.

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Accordingly, the Court HEREBY DENIES Plaintiff’s motion for District Court not to
impose sanctions or dismissal of case, (ECF No. 8), as moot.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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