Dixon v. Elk Grove County et al.

Filing 13

ORDER signed by Magistrate Judge Deborah Barnes on 7/22/2017 ORDERING Plaintiff to pay the $400 filing fee or file a complete motion to proceed IFP within 30 days of the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MITCHELL DIXON, Jr.,

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Plaintiff,

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No. 2:16-cv-2980 DB P

v.

ORDER

ELK GROVE COUNTY, et al.,

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Defendants.

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Plaintiff is a current or former prisoner proceeding pro se with a civil rights action under

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42 U.S.C. § 1983. Plaintiff filed his original complaint in December 2016. (ECF No. 1.) At that

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time, plaintiff was incarcerated at the Sacramento County Main Jail. Plaintiff also filed an

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incomplete motion to proceed in forma pauperis.
On January 4, 2017, the court ordered plaintiff to submit a complete affidavit in support of

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his motion to proceed in forma pauperis and a certified copy of his trust account statement from

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the jail. (ECF No. 4.) Plaintiff was warned that his failure to comply with the court’s order

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would result in a recommendation that this action be dismissed. On January 18, 2017, plaintiff’s

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copy of this order was returned to the court as undeliverable because plaintiff was no longer in

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custody at the Sacramento County Main Jail.

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On March 7, 2017, plaintiff filed a document which the court construed as a first amended

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complaint. Plaintiff’s address on that filing showed that he was at that time incarcerated at the

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Fresno County Jail. (ECF No. 5.)

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The January 4 order was re-served on plaintiff at this new address. However, shortly

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thereafter, court staff noted that plaintiff had filed a change of address in another case in this

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court. The new address indicated that plaintiff might no longer be in custody. On April 3, 2017,

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the January 4 order was re-served, again, on plaintiff at this new address in Elk Grove.

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Since then, the court has received several filings from plaintiff. Some of these appear to
be argument in support of his claims and, in one letter, plaintiff requested unspecified forms.

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Information gleaned from that June 22 filing indicates plaintiff remains incarcerated at the Fresno

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County Jail. (ECF No. 8.)

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Plaintiff will be given one final opportunity to seek to proceed in forma pauperis in this

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action or pay the filing fee. If plaintiff fails to do so, the undersigned will recommend that this

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case be dismissed. Plaintiff is also warned that if he wishes to proceed with a suit in this court, he

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must keep the court apprised of his current address. E.D. Cal. R. 182(f).

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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Within thirty days of the date of this order, plaintiff shall either pay the $400 filing
fee or file a complete motion to proceed in forma pauperis.

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2. The Clerk of the Court is directed to send plaintiff copies of the forms for proceeding

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in forma pauperis both by a prisoner and by a non-prisoner. In addition, the Clerk

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shall serve a copy of this order on plaintiff at the Elk Grove address currently listed on

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the docket and at the Fresno County Jail.

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3. If plaintiff fails to comply with this order, the undersigned will recommend this action
be dismissed. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b).
Dated: July 22, 2017

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DLB:9
DLB1/prisoner-civil rights/dixo2980.no ifp or(2)

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