Springfield v. Unknown

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 12/06/12 denying without prejudice 1 plaintiff's emergency motion. Plaintiff is granted 30 days from the date of this order to file a complaint. The clerk of the court is directed to send plaintiff the court's form for filing a civil rights action and the application to proceed in forma pauperis by a prisoner. (Plummer, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 CIRON B. SPRINGFIELD, Plaintiff, 13 14 15 16 17 No. 2:12-cv-2552 AC Defendant. 12 ORDER vs. UNKNOWN, / On October 12, 2012, an inmate at California Medical Facility-Vacaville (CMF) 18 filed a brief note directed to the Clerk of the Court wherein he stated that by the time the 19 document reached the court he would have “hung” himself. See Doc. No. 1. Inmate Springfield 20 also therein stated he was “depressed” and that it was “difficult to receive access to the court 21 from the Department of Mental Health.” Id. Finally, Mr. Springfield indicated that he had filed 22 “a 1983 [sic],” and asserted his hope that his family would “follow” it as he would “be in 23 heaven.” Id. The abbreviated letter was denoted an “emergency motion.” 24 Although there was no § 1983 action pending, the Court immediately directed the 25 supervising deputy attorney general to contact the warden at CMF, ascertain inmate 26 Springfield’s status, and address any suicide risk. Doc. No. 3. Three days later, on October 15, 1 1 2012, Supervising Deputy Attorney General Monica N. Anderson provided a declaration from 2 Dr. Richard Lipon, the Acting Medical Director of the Acute Psychiatric Treatment Program at 3 CMF. See Doc. Nos. 4, 4-1. Dr. Lipon reported that inmate Springfield had been admitted to 4 CMF’s Acute Psychiatric Unit on September 19, 2012. In response to the Deputy Attorney 5 General’s inquiry on October 12, 2012, the psychiatrist on duty, Dr. Reddy, conducted an 6 immediate evaluation of Mr. Springfield and placed him on “one-to-one suicide watch 7 observation.” Id. The suicide watch was continued through the week-end, inmate Springfield 8 was seen by twice by two different psychiatrists during that time, and suicide risk assessment 9 and evaluation were scheduled to continue. Lipon Dec. (Doc. No. 4-1). Other than his initial letter and a subsequent form consenting to the jurisdiction of 10 11 the magistrate judge, filed on November 19, 2012, no pleadings have been filed by inmate 12 Springfield. In order to commence an action, a plaintiff must file a complaint as required by 13 Rule 3 of the Federal Rules of Civil Procedure, and must either pay the required filing fee or file 14 an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 15 1915(a). Other than denying as moot the “emergency motion,” the court will not issue any 16 orders granting or denying relief until an action has been properly commenced. Plaintiff will be 17 provided the opportunity to file his complaint, and to submit an application requesting leave to 18 proceed in forma pauperis or to submit the appropriate filing fee. 19 In accordance with the above, IT IS HEREBY ORDERED that: 20 1. Plaintiff’s “emergency motion,” filed on October 12, 2012 (Doc. No. 1), is 21 denied as moot; 22 2. Plaintiff is granted thirty days from the date of service of this order to file a 23 complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 24 Procedure, and the Local Rules of Practice; the complaint must bear the docket number assigned 25 1 26 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee but will be allowed to pay it in installments. 2 1 this case; plaintiff must file an original and two copies of the complaint. Plaintiff shall also 2 submit, within thirty days from the date of this order, the application to proceed in forma 3 pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $350.00. 4 Plaintiff's failure to comply with this order will result in dismissal of this matter; and 5 3. The Clerk of the Court is directed to send plaintiff the court’s form for filing a 6 civil rights action, and the application to proceed in forma pauperis by a prisoner. 7 DATED: December 6, 2012. 8 9 ` ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 10 11 12 AC:009 spri2552.nocompl 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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