Porter v. Kelso, et al

Filing 17

ORDER signed by Magistrate Judge Dale A. Drozd on 10/8/2015 GRANTING plaintiff's 16 motion for immediate relief, construed as a motion for an extension of time; and plaintiff has 30 days to file his completed application to proceed ifp. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMIAH PORTER,

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No. 2:15-cv-1183 DAD P

Plaintiff,
v.

ORDER

J. CLARK KELSO et al.,
Defendants.

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On June 23, 2015, this court granted plaintiff’s motion for a thirty-day extension of time

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to file a completed application to proceed in forma pauperis. To date, plaintiff has not complied

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with this court’s order. He has, however, filed a motion for immediate relief in which he seeks

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assistance from the court because he is having difficulty completing his in forma pauperis

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application paperwork due to the alleged misconduct of prison officials.

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Good cause appearing, the court will construe plaintiff’s motion for immediate relief as a

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motion for an extension of time and will grant plaintiff an additional thirty days to file a

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completed application to proceed in forma pauperis. If plaintiff continues to experience problems

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completing his in forma pauperis application he should first seek relief at his institution of

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incarceration. See Cal. Code Regs. tit. 15, § 3084.1(a) (prisoners may appeal “any policy,

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decision, action, condition, or omission by the department or its staff that the inmate or parolee

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can demonstrate as having a material adverse effect upon his or her health, safety, or welfare.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for immediate relief, construed as a motion for an extension of time

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(Doc. No. 16) is granted; and
2. Plaintiff is granted thirty days from the date of this order in which to file his completed

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application to proceed in forma pauperis.

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Dated: October 8, 2015

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DAD:9
port1183.36ifp(2)

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