Johnson v. Hopkins

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/2018 VACATING 4 Findings and Recommendations; Plaintiff shall file the further briefing described above within 30 days. (Fabillaran, J)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 R. WAYNE JOHNSON, 12 13 14 15 No. 2: 17-cv-2351 MCE KJN P Plaintiff, v. ORDER CEDRICK HOPKINS, et al., Defendants. 16 17 Plaintiff is a prisoner, proceeding without counsel, with a civil rights action pursuant to 42 18 U.S.C. § 1983. On December 29, 2017, the undersigned recommended that this action be 19 dismissed for plaintiff’s failure to file a completed in forma pauperis application. (ECF No. 4.) 20 On January 2, 2018, plaintiff filed an application to proceed in forma pauperis. (ECF No. 21 5.) Accordingly, the findings and recommendations are vacated. However, for the reason stated 22 herein, plaintiff is ordered to file further briefing in support of his application. 23 Plaintiff is incarcerated in Amarillo, Texas. The section of plaintiff’s application to 24 proceed in forma pauperis requiring certification by prison officials is not complete. Plaintiff also 25 failed to file his six month trust account statement. On the form, plaintiff has written “refused…” 26 Plaintiff also writes, “now refusing to issue 6 month trust funds.” 27 Plaintiff is directed to file additional information regarding his claims that prison officials 28 refused to assist him in preparing his application to proceed in forma pauperis. In particular, if he 1 1 knows, plaintiff shall inform the court of the names of the prison officials who refused to sign his 2 application and who refused to provide him with his 6 month trust account statement. Plaintiff 3 shall also inform the court when he sought this information and how, i.e., did plaintiff submit a 4 written request or orally request the information. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The December 29, 2017 findings and recommendations (ECF No. 4) are vacated; 7 2. Within thirty days of the date of this order, plaintiff shall file the further briefing 8 described above; failure to respond to this order will result in a recommendation of dismissal of 9 this action. 10 Dated: February 7, 2018 11 12 13 John2351.vac 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?