Golden v. High Desert State Prison

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/14 ORDERING that Plaintiffs August 18, 2014 motion for transfer 1 is denied without prejudice; Plaintiff is granted 30 days from the date of service of this order to file a complaint tha t complies with the requirements; The court requests that Deputy Supervising Attorney Monica Anderson check on plaintiff and, within seven days from the date of this order, report the status of his ability to eat; and the Clerk of the Court is di rected to send plaintiff the courts form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner, and to send a copy of this order to Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYNE GOLDEN,

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Plaintiff,

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No. 2:14-cv-1923 KJN P

v.

ORDER

HIGH DESERT STATE PRISON, et al.,

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Defendants.

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Plaintiff, a state prisoner at High Desert State Prison has filed a letter seeking to be

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removed from High Desert State Prison. No other pleadings have been filed by the plaintiff. In

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order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal

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Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an application

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requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court

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will not issue any orders granting or denying relief until an action has been properly commenced.

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Therefore, plaintiff’s motion for transfer is denied without prejudice. Plaintiff is provided the

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opportunity to file his complaint, and to submit an application requesting leave to proceed in

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forma pauperis or to submit the appropriate filing fee.

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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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However, in plaintiff’s filing, he claims that he has no teeth, and that despite being

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provided a pureed diet for ten years, he has been moved to housing where he is no longer

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provided pureed food. Plaintiff claims that he has been unable to eat since August 13, 2014,

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which places his life in danger. Accordingly, the Supervising Deputy Attorney General is

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requested to check on plaintiff and, within seven days from the date of this order, report the status

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of his ability to eat.

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

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1. Plaintiff’s August 18, 2014 motion for transfer (ECF No. 1) is denied without

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prejudice;

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

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

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and the Local Rules of Practice; the complaint must bear the docket number assigned this case;

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plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, within

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thirty days from the date of this order, the application to proceed in forma pauperis on the form

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provided by the Clerk of Court, or the filing fee in the amount of $400.00.2 Plaintiff’s failure to

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comply with this order will result in a recommendation that this matter be dismissed;

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3. The court requests that Deputy Supervising Attorney Monica Anderson check on

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plaintiff and, within seven days from the date of this order, report the status of his ability to eat;

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

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rights action, and the application to proceed in forma pauperis by a prisoner, and to send a copy

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of this order to Monica Anderson, Supervising Deputy Attorney General.

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Dated: August 25, 2014

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gold1923.noc

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The $400.00 is comprised of the $350.00 filing fee and a $50.00 administrative fee. If plaintiff
is granted leave to proceed in forma pauperis, plaintiff is not required to pay the $50.00
administrative fee.
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