Langston v. California Department of Corrections et al

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/15 ORDERING that the Clerk of the Court is directed to file in the instant action a copy of plaintiff's motion to proceed in forma pauperis and certified trust account statement filed i n Langston v. CDCR, Case No. 2:15-cv-1510 TLN DAD (ECF No. 2); Plaintiff is relieved of his obligation to submit a completed in forma pauperis application in the instant action; and the September 1, 2015 findings and recommendations (ECF No. 8 ) are VACATED.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER LANGSTON,

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No. 2:15-cv-1437 GEB KJN P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS (“CDCR”), et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On September 1, 2015, the

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undersigned recommended that this action be dismissed based on plaintiff’s failure to file a

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completed in forma pauperis affidavit and certified trust account statement. On September 16,

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2015, plaintiff filed objections stating that the court is mistaken because he sent “one complete

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copy to the court for all cases filed.” (ECF No. 10 at 1.) Plaintiff objects that the court did not

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indicate he was required to file three different trust account statements for each case, and asks the

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court not to dismiss this case. (ECF No. 10 at 2.)

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Plaintiff is advised that he is required to pay the filing fee or seek leave to proceed in

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forma pauperis in each case he files. Plaintiff may not file one document and ask the court to

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apply it to all of his pending cases. In the future, plaintiff should be prepared to comply with each

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order as issued in each case.

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That said, the court has reviewed court records; currently, plaintiff has four cases pending

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in this division. On July 14, 2015, in Langston v. CDCR, Case No. 2:15-cv-1510 TLN DAD,

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plaintiff filed a completed in forma pauperis affidavit, along with a certified trust account

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statement. On July 27, 2015, the assigned magistrate judge recommended that Case No. 2:15-cv-

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1510 be dismissed because it is duplicative of the instant action. In light of those

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recommendations, as well as the finding that the claims are the same as those raised herein, the

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undersigned will direct the Clerk of Court to file a copy of plaintiff’s in forma pauperis affidavit

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and certified trust account statement submitted in Case No. 2:15-cv-1510 TLN DAD, and file

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them in this case. Plaintiff is relieved of his obligation to re-submit such documents in the instant

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action, and the findings and recommendations are vacated.

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IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to file in the instant action a copy of plaintiff’s

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motion to proceed in forma pauperis and certified trust account statement filed in Langston v.

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CDCR, Case No. 2:15-cv-1510 TLN DAD (ECF No. 2);

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2. Plaintiff is relieved of his obligation to submit a completed in forma pauperis
application in the instant action; and
3. The September 1, 2015 findings and recommendations (ECF No. 8) are vacated.
Dated: October 7, 2015

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lang1437.ifp

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