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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CIRON B. SPRINGFIELD,
Plaintiff,

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No. 2:12-cv-2552 AC

Defendant.

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ORDER

vs.
UNKNOWN,

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On October 12, 2012, an inmate at California Medical Facility-Vacaville (CMF)

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filed a brief note directed to the Clerk of the Court wherein he stated that by the time the

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document reached the court he would have “hung” himself. See Doc. No. 1. Inmate Springfield

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also therein stated he was “depressed” and that it was “difficult to receive access to the court

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from the Department of Mental Health.” Id. Finally, Mr. Springfield indicated that he had filed

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“a 1983 [sic],” and asserted his hope that his family would “follow” it as he would “be in

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heaven.” Id. The abbreviated letter was denoted an “emergency motion.”

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Although there was no § 1983 action pending, the Court immediately directed the

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supervising deputy attorney general to contact the warden at CMF, ascertain inmate

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Springfield’s status, and address any suicide risk. Doc. No. 3. Three days later, on October 15,
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2012, Supervising Deputy Attorney General Monica N. Anderson provided a declaration from

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Dr. Richard Lipon, the Acting Medical Director of the Acute Psychiatric Treatment Program at

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CMF. See Doc. Nos. 4, 4-1. Dr. Lipon reported that inmate Springfield had been admitted to

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CMF’s Acute Psychiatric Unit on September 19, 2012. In response to the Deputy Attorney

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General’s inquiry on October 12, 2012, the psychiatrist on duty, Dr. Reddy, conducted an

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immediate evaluation of Mr. Springfield and placed him on “one-to-one suicide watch

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observation.” Id. The suicide watch was continued through the week-end, inmate Springfield

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was seen by twice by two different psychiatrists during that time, and suicide risk assessment

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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

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the magistrate judge, filed on November 19, 2012, no pleadings have been filed by inmate

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Springfield. In order to commence an action, a plaintiff must file a complaint as required by

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Rule 3 of the Federal Rules of Civil Procedure, and must either pay the required filing fee or file

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an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a),

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1915(a). Other than denying as moot the “emergency motion,” the court will not issue any

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orders granting or denying relief until an action has been properly commenced. Plaintiff will be

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provided the opportunity to file his complaint, and to submit an application requesting leave to

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proceed in forma pauperis or to submit the appropriate filing fee.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s “emergency motion,” filed on October 12, 2012 (Doc. No. 1), is

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denied as moot;

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2. Plaintiff is granted thirty days from the date of service of this order to file a

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice; the complaint must bear the docket number assigned

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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.
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this case; plaintiff must file an original and two copies of the complaint. Plaintiff shall also

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submit, within thirty days from the date of this order, the application to proceed in forma

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pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $350.00.

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Plaintiff's failure to comply with this order will result in dismissal of this matter; and

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3. The Clerk of the Court is directed to send plaintiff the court’s form for filing a

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civil rights action, and the application to proceed in forma pauperis by a prisoner.

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DATED: December 6, 2012.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009
spri2552.nocompl

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