Mortensen v. Butte County Jail

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/19/2017 DENYING plaintiff's 8 motion for relief from judgment. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN LEE MORTENSON,

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No. 2:16-cv-1628-EFB P

Plaintiff,
v.

ORDER

BUTTE COUNTY JAIL,
Defendant.

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On July 21, 2016, the court ordered plaintiff to pay the $400 filing fee required by 28

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U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust

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account statement required by 28 U.S.C. § 1915(a) within thirty days. ECF No. 4. The thirty day

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period expired, and plaintiff had not responded to the court’s order and had not filed an in forma

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pauperis application or paid the appropriate filing fee. Accordingly, on August 30, 2016, the

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court dismissed this action without prejudice. ECF No. 6. Plaintiff now seeks relief from the

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judgment. ECF No. 8.

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In his motion, plaintiff informs the court that the Butte County Jail, where he is currently

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confined, does not provide certified trust account statements. He does not, however, explain his

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failure to submit a request for leave to proceed in forma pauperis or the required affidavit. He

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was ordered to submit such an application if he did not pay the filing fee and he has not shown

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any justification for that failure. This action was appropriately dismissed without prejudice, and

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the instant motion fails to justify relief from judgment.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for relief from judgment

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(ECF No. 8) is denied.

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DATED: April 19, 2017.

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