Olic v. Beard et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 11/08/16 denying 2 Motion to Proceed IFP. Within 30 days of service of this order, plaintiff shall submit the completed application to proceed in forma pauperis by a prisoner that he receives fro m the court so that the court may obtain a certified copy of his trust account statement. The clerk of the court is directed to send plaintiff an application to proceed in forma pauperis by a prisoner. Within 21 days of service of this order, plain tiff must file a notice with the court telling the court his current address. The clerk of the court is directed to serve this order on plaintiff at his address of record and a California State Prison Los Angeles County, PO Box 8457, Lancaster, CA 93539. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILORAD OLIC,

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Plaintiff,

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No. 2:16-cv-0720 JAM AC P

v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. However, the copy of plaintiff’s prison trust account statement for the six-month

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period immediately preceding the filing of the complaint has not been certified. See 28 U.S.C. §

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1915(a)(2). The court recently began using a new application to proceed in forma pauperis that

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authorizes the California Department of Corrections and Rehabilitation (CDCR) to provide a

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certified copy of plaintiff’s trust account statement directly to the court. Therefore, instead of

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having plaintiff submit a certified copy of his trust account statement, his previous request will be

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denied and he will be provided a copy of the new form, which he should complete and file in this

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case so that the court may obtain a certified copy of his trust account statement directly from the

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CDCR.

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The court also notes that the Inmate Locator website operated by the CDCR indicates that

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plaintiff is currently incarcerated at California State Prison, Los Angeles.1 It appears that plaintiff

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has failed to keep the court notified of his current address. Plaintiff will be required to notify the

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court whether he is still housed at California Health Care Facility or whether he is in fact now

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housed at California State Prison, Los Angeles. Plaintiff is reminded that he is responsible for

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notifying the court whenever his address changes and that failure to do so may result in dismissal

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of this case.

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

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied.

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2. Within thirty days of service of this order, plaintiff shall submit the completed

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Application to Proceed In Forma Pauperis By a Prisoner that he receives from the court so that

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the court may obtain a certified copy of his trust account statement. Plaintiff’s failure to comply

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with this order will result in a recommendation that this action be dismissed.

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3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma
Pauperis By a Prisoner.

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4. Within twenty-one days of service of this order, plaintiff must file a notice with the

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court telling the court his current address. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed.

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5. The Clerk of the Court is directed to serve this order on plaintiff at his address of

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record and at California State Prison, Los Angeles County, P.O. Box 8457, Lancaster, CA 93539.

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DATED: November 8, 2016

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See Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate
determination by sources whose accuracy cannot reasonably be questioned); see also City of
Sausalito v. O’Neill, 386 F.3d 1186, 1224 n.2 (9th Cir. 2004) (“We may take judicial notice of a
record of a state agency not subject to reasonable dispute.”).
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