Zamora v. Jones

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/15 ORDERING that plaintiff shall submit, within 30 days from the date of this order, the certification required on the application form, and, if applicable, a certified copy of his trust a ccount statement for the six month period immediately preceding the filing of the complaint. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(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 ZAMORA, JR.,

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No. 2:14-cv-2731 KJN P

Plaintiff,

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v.

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SCOTT JONES,

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ORDER

Defendants.

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Plaintiff is presently housed in the Napa State Hospital. Plaintiff is proceeding without

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counsel, or “pro se,” with a civil rights action pursuant to 42 U.S.C. § 1983. On December 3,

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2014, plaintiff was directed to submit, within thirty days, an affidavit in support of his request to

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proceed in forma pauperis, or to pay the required $400.00 in filing fees. On December 30, 2014,

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plaintiff filed an application to proceed in forma pauperis, but the certificate portion of the

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application was not certified by jail or Napa State Hospital officials. Plaintiff also did not file a

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certified trust account statement by jail or Napa State Hospital officials.

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At the time plaintiff filed this action, he was housed in the Sacramento County Jail. In his

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first amended complaint filed December 8, 2014, plaintiff noted he had been transferred to the

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Napa State Hospital. It is unclear whether plaintiff is a pretrial detainee, awaiting trial on

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criminal charges, whether plaintiff has been newly convicted or sustained a parole violation, or

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whether plaintiff has been detained for other reasons. For example, a civil detainee is not subject
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to the financial reporting and exhaustion requirements of the Prison Litigation Reform Act

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(“PLRA”). Page v. Torrey, 201 F.3d 1136 (9th Cir. 2000), citing 42 U.S.C. § 1997e(a); 28

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U.S.C. § 1915(a)(2). However, at a minimum, plaintiff’s application to proceed in forma

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pauperis must be certified by officials at the Napa State Hospital. If plaintiff is not a civil

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detainee, he must also provide a certified trust account statement for the six month period

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immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be

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provided the opportunity to submit the completed application and, if applicable, the certified copy

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of his trust account statement in support of his application to proceed in forma pauperis.

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In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff shall submit, within thirty days from the date of this order, the certification

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required on the application form, and, if applicable, a certified copy of his trust account statement

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for the six month period immediately preceding the filing of the complaint. Plaintiff’s failure to

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comply with this order will result in a recommendation that this action be dismissed without

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prejudice.

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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Dated: January 8, 2015

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zamo2731.3e

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