Jackson v. Amero et al

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/10/2015 GRANTING plaintiff's 2 , 5 applications to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Plaintiff's 8 , 9 , 10 , 11 motions for liens against defendants' real property are DENIED without prejudice. Plaintiff's 12 , 15 requests for extensions of time are DENIED as unnecessary. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DUANE WARREN JACKSON,

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Plaintiff,

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No. 2:14-cv-1959-MCE-EFB P

v.

ORDER

A. AMERO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. In addition to filing a complaint, plaintiff has filed an application to proceed in

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forma pauperis (IFP) pursuant to 28 U.S.C. § 1915, three requests for liens on defendants’ real

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property, and two requests for extensions of time.

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Plaintiff’s IFP application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2).

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Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect

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and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C.

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§ 1915(b)(1) and (2).
The court construes plaintiff’s requests for liens against defendants’ real property as

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requests for seizures of property pursuant to Rule 64 of the Federal Rules of Civil Procedure.

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Rule 64 provides that:

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At the commencement of and throughout an action, every remedy is available that,
under the law of the state where the court is located, provides for seizing a person
or property to secure satisfaction of the potential judgment. But a federal statute
governs to the extent it applies. . . . . The remedies available include . . .
attachment . . . .

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The burden is on the moving party to establish grounds for an order of attachment. Loeb and

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Loeb v. Beverly Glen Music, Inc., 166 Cal. App. 3d 1110 (1985). Here, plaintiff has not even

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attempted to satisfy the criteria for imposing a lien or an order of attachment against any

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defendants’ real property. See Cal. Civ. Proc. Code § 484.090(a) (before issuing an order for

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attachment, court must find that (1) the claim upon which the attachment is based is one upon

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which attachment may be issued; (2) the plaintiff has established the probable validity of the

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claim upon which the attachment is based; (3) the attachment is not sought for a purpose other

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than the recovery on the claim upon which the attachment is based; and (4) the amount to be

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secured by the attachment is greater than zero.”). Plaintiff’s motions are denied without

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prejudice.

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Plaintiff also seeks extensions of time. As there are currently no court-imposed deadlines

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pending, plaintiff’s requests are denied as unnecessary. In due course, the court will screen the

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complaint pursuant to 28 U.S.C. § 1915A.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s application for leave to proceed in forma pauperis (ECF Nos. 2, 5) is

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granted.

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2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in

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accordance with the notice to the California Department of Corrections and

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Rehabilitation, filed concurrently herewith.

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3. Plaintiff’s motions for liens against defendants’ real property (ECF Nos. 8, 9, 10, 11)

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are denied without prejudice.
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4. Plaintiff’s requests for extensions of time (ECF Nos. 12, 15) are denied as
unnecessary.
DATED: June 10, 2015.

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