Robben v. El Dorado County et al

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/16 ORDERING that within 14 days of the date of this order, the El Dorado County Sheriff shall file the status report discussed above; Clerk of the Court is directed to serve a copy of this order and plaintiff's application to proceed in forma pauperis (ECF No. 5 ) on the El Dorado County Sheriff, 1360 Johnson Blvd., #100, South Lake Tahoe, CA 96150; and the Clerk of the Court is directed to serve a copy of this order and plaintiff's application to proceed in forma pauperis (ECF No. 5 ) on the El Dorado County Counsel, 300 Fair Lane, Placerville, CA 95667.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TODD ROBBEN,

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Plaintiff,

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No. 2:16-cv-2697 MCE KJN P

v.

ORDER

EL DORADO COUNTY, et al.,

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Defendants.

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Plaintiff is an El Dorado County inmate, proceeding without counsel, with a civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. On November 28, 2016, plaintiff was directed to file a

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completed application to proceed in forma pauperis, as well as a certified jail trust account

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statement for the last six months. On December 5, 2016, plaintiff renewed his motion to proceed

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in forma pauperis, and included a letter stating the court needs to issue an order directing the El

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Dorado County Sheriff to sign the certificate and provide the trust account statement because jail

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officials refuse to sign the form or produce any more printouts of plaintiff’s transactions.

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Title 28 U.S.C.§ 1915(a)(2) provides that applications to proceed in forma pauperis made

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by prisoners shall include a certified copy of the trust fund account statement for the prisoner for

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the 6 month period immediately preceding the filing of the complaint. In support of his

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application, plaintiff did not include a copy of his jail trust fund account statement for the six

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month period preceding the filing of the complaint.

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As discussed above, plaintiff is required to submit a trust fund account statement for the

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six month period immediately preceding the filing of the complaint with his application to

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proceed in forma pauperis.

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No defendants have been served in this action. Usually, persons or entities not parties to

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an action are not subject to orders for injunctive relief. Zenith v. Radio Corp. v. Hazeltine

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Research, Inc., 395 U.S. 100 (1969). However, the fact that one is not a party does not

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automatically preclude the court from acting. The All Writs Act, 28 U.S.C. § 1651(a), permits

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the court to issue writs “necessary and appropriate in aid of their jurisdiction and agreeable to the

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usages and principles of law.” See generally S.E.C. v. G.C. George Securities, Inc., 637 F.2d 685

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(9th Cir. 1981); United States v. New York Telephone Co., 434 U.S. 159 (1977). This section

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does not grant the court plenary power to act in any way it wishes; rather, the All Writs Act is

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meant to aid the court in the exercise and preservation of its jurisdiction. Plum Creek Lumber

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Company v. Hutton, 608 F.2d 1283, 1289 (9th Cir. 1979).

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The undersigned is concerned that plaintiff will not be able to proceed with this action,

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and the court may lose jurisdiction, if El Dorado County Jail officials do not provide him with the

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trust account statement required by 28 U.S.C. § 1915. The undersigned also observes that the

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portion of plaintiff’s in forma pauperis application requiring certification by jail officials is not

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filled out. (ECF No. 5 at 2.) It is unclear why the certification is not completed. Accordingly,

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pursuant to the All Writs Act, the El Dorado County Sheriff is ordered to file a status report

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addressing plaintiff’s ability to obtain the trust account statement required by 28 U.S.C.

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§ 1915(a)(2). The Sheriff shall also address plaintiff’s ability to obtain a completed certification

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form, as discussed above.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the date of this order, the El Dorado County Sheriff shall file

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the status report discussed above;

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2. The Clerk of the Court is directed to serve a copy of this order and plaintiff’s

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application to proceed in forma pauperis (ECF No. 5) on the El Dorado County Sheriff, 1360

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Johnson Blvd., #100, South Lake Tahoe, CA 96150; and

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3. The Clerk of the Court is directed to serve a copy of this order and plaintiff’s

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application to proceed in forma pauperis (ECF No. 5) on the El Dorado County Counsel, 300 Fair

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Lane, Placerville, CA 95667.

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Dated: December 23, 2016

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/robb2697.awa

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