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