Humes v. Sacramento County et al

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/13/2018 CONSTRUING 4 and 5 Motions for Preliminary Injunction and 10 Motion for Help as motions for extension of time to file an application to proceed IFP and GRANTING 4 , 5 , 9 , 10 , and 11 Motions for Extension of Time. Plaintiff granted 30 days from the service of this order in which to file a completed IFP application. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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Plaintiff,

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No. 2:18-cv-0861-EFB P

v.

ORDER

SACRAMENTO COUNTY, et al.,

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Defendants.

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Plaintiff is a county inmate proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed two requests for an extension of time to file an in forma pauperis

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application, as well as two motions for a preliminary injunction, and a motion for help in which

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he requests that the court direct jail personnel to provide him with the paperwork necessary to

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complete his in forma pauperis application. ECF Nos. 4, 5, 9, 10, 11. In all of his motions,

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plaintiff asserts that jail staff are not returning his completed in forma pauperis application. Id.

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The requests for preliminary injunction and request for help will be construed as additional

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motions for extensions of time and plaintiff will be given an additional thirty days to file his

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completed application. Additionally, the Clerk of the Court will be directed to send a courtesy

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copy of this order to Lieutenant Ramos, who plaintiff states is responsible for processing his

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requests for the necessary paperwork.1

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions for preliminary injunction (ECF Nos. 4, 5) and motion for

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help (ECF No. 10) are construed as motions for an extension of time to file an application to

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proceed in forma pauperis.

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2. Plaintiff’s motions for an extension of time (ECF Nos. 4, 5, 9, 10, 11) are granted.

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3. Plaintiff is granted thirty days from the service of this order in which to file a

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completed in forma pauperis application. If plaintiff is unable to comply with this order, he must

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submit to the court a copy of his request for a copy of his certified trust account statement along

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with any responses received from jail officials. Failure to comply with this order may result in

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dismissal.

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4. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
5. The Clerk of the Court shall serve a courtesy copy of this order on Lieutenant Ramos at

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the Sacramento Main Jail, 651 I Street, Sacramento, CA 95814.

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DATED: June 13, 2018.

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Court records show that plaintiff currently has forty pending cases, some of which
include a completed in forma pauperis application and some of which do not. At this stage, the
court will assume that any delays are a result of either the volume of plaintiff’s requests or
confusion surrounding which of plaintiff’s numerous cases still require completed applications.
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