In re: Michael Fries

Filing 11

ORDER Directing Written Response by Supervising Deputy Attorney General within Seven Days, signed by Magistrate Judge Stanley A. Boone on 05/1/2018. (Case Management Deadline: 7-Day Deadline)(Supervising Deputy Attorney General, Monica Anderson and United States Court of Appeals for the Ninth Circuit served electronically)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN RE:

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MICHAEL FRIES,

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No.: 1:17-mc-00064-SAB
APPEAL NO.: 18-70459
ORDER DIRECTING WRITTEN RESPONSE BY
SUPERVISING DEPUTY ATTORNEY GENERAL
WITHIN SEVEN DAYS

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On December 14, 2017, the Court issued an order in this matter regarding Plaintiff Michael

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Fries’ assertions of continued difficulties in e-filing his complaint through the electronic case filing

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system at Kern Valley State Prison (“KVSP”) in Delano, California. The Court directed the Clerk of

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the Court to send Plaintiff’s complaint and application for leave to proceed in forma pauperis at issue

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in this matter to the Library Technical Assistant at KVSP. The Court then directed the Library

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Technical Assistant to submit Plaintiff’s complaint and application for filing to the United States

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District Court for the Eastern District of California, Fresno Division, pursuant to the applicable e-filing

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procedures. (ECF No. 9.)

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On December 15, 2017, the Clerk of the Court mailed the complaint and application to proceed

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in forma pauperis to the Library Technical Assistant at KVSP as directed, and a copy of the Court’s

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order was served on Plaintiff and the Supervising Deputy Attorney General. (Id.)

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Currently, the Court is informed that Plaintiff has filed a petition for writ of mandamus in the

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United States Court of Appeals for the Ninth Circuit, asserting that his case has not been opened. The

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Clerk of the United States District Court for the Eastern District of California also does not have

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records of Plaintiff’s case being opened in this Court. Plaintiff also states concerns that his complaint
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be filed as of the date he originally provided it to prison officials for mailing to the Court, on August

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17, 2017. (Proof of Service, ECF No. 1, at 32.)
Consequently, the Court finds it necessary to direct the Supervising Deputy Attorney General

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in charge of the e-service program, Monica Anderson, to respond to these issues.

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The Court further informs Plaintiff that under the mailbox rule, his complaint in a § 1983

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action is deemed filed when it is delivered to prison authorities for mailing. Douglas v. Noelle, 567

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F.3d 1103, 1107 (9th Cir. 2009). Further, the Court’s docket reflects Plaintiff’s proof of service by

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mail in this matter, as indicated above.
Accordingly, it is HEREBY ORDERED that:

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1.

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The Clerk of Court is directed to serve a copy of this order on Supervising Deputy

Attorney General, Monica Anderson;
2.

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Ms. Anderson shall file a written response within seven (7) days of this order. Ms.

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Anderson may also comply with this order by providing written confirmation of the opening of

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Plaintiff’s case in the manner that was directed in the Court’s December 14, 2017 order;
3.

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The Clerk of the Court is further directed to serve a copy of this order on the Clerk of

the Court for the United States Court of Appeals for the Ninth Circuit in Appeal No. 18-70459.

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IT IS SO ORDERED.

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Dated:

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May 1, 2018
UNITED STATES MAGISTRATE JUDGE

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