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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MITCHELL DIXON, Jr., 12 Plaintiff, 13 14 No. 2:16-cv-2980 DB P v. ORDER ELK GROVE COUNTY, et al., 15 Defendants. 16 Plaintiff is a current or former prisoner proceeding pro se with a civil rights action under 17 18 42 U.S.C. § 1983. Plaintiff filed his original complaint in December 2016. (ECF No. 1.) At that 19 time, plaintiff was incarcerated at the Sacramento County Main Jail. Plaintiff also filed an 20 incomplete motion to proceed in forma pauperis. On January 4, 2017, the court ordered plaintiff to submit a complete affidavit in support of 21 22 his motion to proceed in forma pauperis and a certified copy of his trust account statement from 23 the jail. (ECF No. 4.) Plaintiff was warned that his failure to comply with the court’s order 24 would result in a recommendation that this action be dismissed. On January 18, 2017, plaintiff’s 25 copy of this order was returned to the court as undeliverable because plaintiff was no longer in 26 custody at the Sacramento County Main Jail. 27 //// 28 //// 1 1 On March 7, 2017, plaintiff filed a document which the court construed as a first amended 2 complaint. Plaintiff’s address on that filing showed that he was at that time incarcerated at the 3 Fresno County Jail. (ECF No. 5.) 4 The January 4 order was re-served on plaintiff at this new address. However, shortly 5 thereafter, court staff noted that plaintiff had filed a change of address in another case in this 6 court. The new address indicated that plaintiff might no longer be in custody. On April 3, 2017, 7 the January 4 order was re-served, again, on plaintiff at this new address in Elk Grove. 8 9 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. 10 Information gleaned from that June 22 filing indicates plaintiff remains incarcerated at the Fresno 11 County Jail. (ECF No. 8.) 12 Plaintiff will be given one final opportunity to seek to proceed in forma pauperis in this 13 action or pay the filing fee. If plaintiff fails to do so, the undersigned will recommend that this 14 case be dismissed. Plaintiff is also warned that if he wishes to proceed with a suit in this court, he 15 must keep the court apprised of his current address. E.D. Cal. R. 182(f). 16 Accordingly, IT IS HEREBY ORDERED as follows: 17 1. 18 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. 19 2. The Clerk of the Court is directed to send plaintiff copies of the forms for proceeding 20 in forma pauperis both by a prisoner and by a non-prisoner. In addition, the Clerk 21 shall serve a copy of this order on plaintiff at the Elk Grove address currently listed on 22 the docket and at the Fresno County Jail. 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// 2 1 2 3 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 4 5 6 7 8 9 10 DLB:9 DLB1/prisoner-civil rights/dixo2980.no ifp or(2) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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