Hammond v. Glenn County Jail

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/31/2017 ORDERING Within fourteen days of the date of this order, the Glenn County Sheriff shall file a status report addressing plaintiff's ability to obtain the certified trust account statement. The Clerk of the Court is DIRECTED to serve a copy of this order, 5 Motion to Proceed In Forma Pauperis 7 Complaint pages 6-7, on the Glenn County Sheriff and on the Glenn County Counsel. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT VIRGIL HAMMOND,

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No. 2:17-cv-0126-EFB P

Plaintiff,
v.

ORDER

GLENN COUNTY JAIL,

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Defendant.

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Plaintiff is a Glenn County inmate proceeding without counsel in an action brought under

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42 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915(a)(1). He has not, however, submitted a certified trust account

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statement.

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Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment

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of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall

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submit a certified copy of the trust fund account statement (or institutional equivalent) for the

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prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained

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from the appropriate official of each prison at which the prisoner is or was confined.”

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Plaintiff has not submitted a certified copy of his trust account statement or the

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institutional equivalent. He has, however, submitted inmate request forms with handwritten

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entries from jail staff showing that jail officials have denied his requests for a copy of his trust
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account statement for the last six months and to provide a signature verifying the accuracy of

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such statement. Jail officials have replied to plaintiff’s requests with statements such as “What

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account? We do not print out papers,” and “Denied. We are not responsible for obtaining your

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financial documents.” ECF No. 7 at 6-7; see also ECF No. 5 at 5.

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Generally, the court cannot issue an order against individuals who are not parties or are

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not acting in concert with parties to a suit pending before it. See Zenith Radio Corp. v. Hazeltine

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Research, Inc., 395 U.S. 100, 112 (1969). The All Writs Act, however, gives federal courts the

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authority to issue “all writs necessary or appropriate in aid of their respective jurisdictions and

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agreeable to the usages and principles of law.” 28 U.S.C. 1651(a). The United States Supreme

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Court has authorized the use of the All Writs Act in appropriate circumstances against persons

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who, “though not parties to the original action or engaged in wrongdoing, are in a position to

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frustrate the implementation of a court order or the proper administration of justice.” United

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States v. N.Y. Tel. Co., 434 U.S. 159 (1977). Here, the denial of access to plaintiff’s trust account

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statement is frustrating this court’s ability to rule on plaintiff’s in forma pauperis application.

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Plaintiff, who declares that he is indigent (ECF No. 5), will be unable to proceed with this

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action if Glenn County Jail officials do not provide him with the trust account statement (or

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institutional equivalent) required by 28 U.S.C. § 1915. Accordingly, pursuant to the All Writs

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Act, the Glenn County Sheriff is ordered to file a status report addressing plaintiff’s ability to

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obtain the certified trust account statement required by 28 U.S.C. § 1915(a)(2).

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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 Glenn County Sheriff shall file a

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status report addressing plaintiff’s ability to obtain the certified trust account statement required

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by 28 U.S.C. § 1915(a)(2).

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

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to proceed in forma pauperis (ECF No. 5), and the referenced inmate request forms (ECF No. 7 at

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6-7), on the Glenn County Sheriff, 543 West Oak Street, Willows, California, 95988.

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

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proceed in forma pauperis (ECF No. 5), and the referenced inmate request forms (ECF No. 7 at 6-

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7), on the Glenn County Counsel, 525 Sycamore Street, Willows, California, 95988.

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DATED: January 31, 2017.

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