Drake v. California Department of Corrections and Rehabilitation, et al.
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/14/13 vacating 7 FINDINGS AND RECOMMENDATIONS. Plaintiff is granted 30 days from the date of this order in which to comly with this court's 06/11/13 order. The clerk of the court is directed to send plaintiff an application to proceed in forma pauperis by a prisoner. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMIASEN DRAKE,
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No. 2:13-cv-1022 LKK KJN P
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding without counsel. On July 23, 2013, the undersigned
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recommended that this action be dismissed based on plaintiff’s failure to comply with this court’s
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June 11, 2013 order. On August 8, 2013, plaintiff filed objections stating that he has been placed
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in administrative segregation, deprived of his legal materials, and that his June 30, 2013 request
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for law library access has been ignored. Plaintiff claims that without access to the law library, he
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is unable to obtain legal forms, duplicating services, or in forma pauperis processing.
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Plaintiff is advised that there are procedures in place to enable plaintiff to access his legal
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materials and obtain other materials while he is housed in administrative segregation, particularly
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when plaintiff is facing a court deadline. Plaintiff must avail himself of those procedures,
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including seeking additional assistance from prison officials if he does not receive a timely
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response. The June 30, 2013 request did not inform prison officials that plaintiff had a court
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deadline, and was mailed rather than presented to a prison official for processing. This action
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cannot proceed until plaintiff either pays the filing fee or submits a properly-completed
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application to proceed in forma pauperis.
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In light of plaintiff’s filing, the court will vacate the findings and recommendations, direct
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the Clerk of the Court to provide plaintiff with an application to proceed in forma pauperis, and
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grant plaintiff an extension of time in which to comply with this court’s June 11, 2013 order.
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The July 23, 2013 findings and recommendations (ECF No. 7) are vacated;
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2. Plaintiff is granted thirty days from the date of this order in which to comply with this
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court’s June 11, 2013 order; and
3. The Clerk of the Court is directed to send plaintiff an application to proceed in forma
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pauperis by a prisoner.
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Dated: August 14, 2013
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