Fuimaono v. Solano County Sheriff Department, et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 2/24/14 ORDERING that Plaintiffs motion to proceed in forma pauperis 2 is denied without prejudice; The Clerk of the Court shall provide plaintiff with a copy of the in forma pauperis applicati on used by this court for non-prisoners; Plaintiff shall submit, within thirty days from the date of this order, a fully completed in forma pauperis application; and, Plaintiff shall show cause within thirty days from the date of this order, why his civil rights complaint should not be summarily dismissed without prejudice for failing to state a claim upon which relief can be granted.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY FUIMAONO,

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Plaintiff,

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v.

No. 2:14-cv-00347 AC P

ORDER

SOLANO COUNTY SHERIFF, et al.,
Defendants.

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Plaintiff, a former state detainee proceeding pro se, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. ECF Nos. 1, 2. Based on plaintiff’s February 18, 2014 change of

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address which indicates that he is no longer incarcerated, the court is unable to determine whether

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plaintiff is indigent and unable to pay the filing fees for the present action. ECF No. 4.

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Therefore, plaintiff will be provided an opportunity to update his financial status by submitting a

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fully completed application to proceed in forma pauperis by a non-prisoner.

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In his civil rights complaint, plaintiff alleges that he was denied a court-ordered phone call

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at the Solano County Jail on January 2, 2014. Based on the court’s review of the allegation in the

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complaint, plaintiff is ordered to show cause within thirty days from the date of this order why his

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civil rights complaint should not be summarily dismissed without prejudice for failing to state a

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claim upon which relief can be granted.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No.2) is denied without

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prejudice;
2. The Clerk of the Court shall provide plaintiff with a copy of the in forma
pauperis application used by this court for non-prisoners;
3. Plaintiff shall submit, within thirty days from the date of this order, a fully completed
in forma pauperis application; and,
4. Plaintiff shall show cause within thirty days from the date of this order, why his civil
rights complaint should not be summarily dismissed without prejudice for failing to state a claim

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upon which relief can be granted. Plaintiff’s failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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DATED: February 24, 2014

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