Truschke v. Flynn et al

Filing 20

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/15/2013 ORDERING 5 12 14 15 Motions are DENIED, as they are largely incomprehensive, are not responsive to the court's 7/9/2013 order, and because there is no case or controvers y before the court; Clerk is directed to send plaintiff a new IFP form and 42 USC 1983 form; within 30 days from the date of this order, plaintiff must submit the IFP (including the required trust account statement) and a complaint; failure to comply with this order will result in a recommendation that this action be dismissed. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EDWARD TRUSCHKE, JR.,

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No. 2:13-cv-1255-MCE-EFB P

Plaintiff,

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v.

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D. FLYNN, et al.,

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ORDER

Defendants.

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Plaintiff is a county inmate proceeding without counsel. By order filed July 9, 2013, the

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court noted plaintiff’s apparent intent to file a civil action under the Civil Right Act, 42 U.S.C.

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§ 1983. ECF No. 3. The court informed plaintiff of what is required to properly commence a

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civil action, including payment of the $400 filing fee or an application to proceed in forma

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pauperis, and a signed complaint including a short and plain statement of his claim. The court

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informed plaintiff that until he submits a proper complaint and either pays the filing fee or meets

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the requirements for proceeding in forma pauperis, there simply is no case before the court. The

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court granted plaintiff thirty days to submit a complaint and either the filing fee or an application

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to proceed in forma pauperis. Plaintiff has done neither.

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Instead, plaintiff has inundated the court with hundreds of pages of documents, almost

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none of which are responsive to the court’s order (and many of which are duplicative). See ECF

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Nos. 4-17 (including, but not limited to, various declarations, requests addressed to the Shasta
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County Superior Court, requests for transcripts, request for subpoenas, requests for temporary

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restraining orders, rap sheets, copies from legal treatises, various letters, and petitions for writs of

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habeas corpus).1

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Amongst plaintiff’s voluminous and disorganized filings are several affidavits of

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indigency, as required by the in forma pauperis statute. However, plaintiff’s in forma pauperis

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application is not complete. 28 U.S.C. § 1915(a)(2) requires that in addition to the affidavit,

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plaintiff must also file a certified copy of the trust fund account statement (or institutional

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equivalent) for the 6-month period immediately preceding the filing of the complaint. This

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certified copy must be obtained from the appropriate jail official. Plaintiff has not submitted a

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certified copy of his trust account statement or the institutional equivalent.

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Nor has plaintiff filed a complaint. Plaintiff is reminded that until he submits a proper

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complaint as instructed on July 9, 2013, and either pays the filing fee or meets the requirements

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for proceeding in forma pauperis, there simply is no case before the court. For this reason,

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plaintiff’s outstanding requests (which are largely incomprehensible) are denied.

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Plaintiff is admonished that the court is not a repository for his legal documents. Plaintiff

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shall file the certified trust statement and complaint, as ordered below. Plaintiff’s certified trust

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statement and complaint must be clearly labeled as such, and shall not be accompanied by (or

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buried within) any superfluous documents. That is, plaintiff must refrain from filing and re-filing

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documents that are simply not responsive to the court’s orders, and serve only to delay these

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proceedings.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s outstanding motions are denied, as they are largely incomprehensible,

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are not responsive to the court’s July 9, 2013 order, and because there is no case or

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controversy before the court.

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/////

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The only responsive documents are those relating to plaintiff’s application to proceed in forma
pauperis, and his notice to decline the jurisdiction of a United States Magistrate judge. These
documents, however, are buried among the above-referenced and improperly filed documents.
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2. The Clerk of the Court is directed to send to plaintiff a new form Application to

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Proceed In Forma Pauperis by a Prisoner, and a form for filing a civil rights action

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under 42 U.S.C. § 1983.

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3. Within 30 days of the date of this order, plaintiff must submit the Application to

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Proceed In Forma Pauperis (including the required trust account statement) and a

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complaint, as required for the commencement of a civil action.

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4. Failure to comply with this order will result in a recommendation that this action
be dismissed.
Dated: August 15, 2013.

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