(PC) McKissick v. Amador County Jail et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/2019 ORDERING Amador County Sheriff to file a status report within 14 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 ROBERT DANIEL McKISSICK, 12 Plaintiff, 13 14 No. 2: 19-cv-1807 KJN P v. ORDER AMADOR COUNTY JAIL, et al., 15 Defendants. 16 Plaintiff is a prisoner, proceeding without counsel, with a civil rights action pursuant to 42 17 18 U.S.C. § 1983. Plaintiff is incarcerated at the Amador County Jail. On September 19, 2019, the undersigned ordered plaintiff to submit a completed affidavit 19 20 in support of his application to proceed in forma pauperis within thirty days. (ECF No. 4.) The 21 undersigned also ordered plaintiff to submit within thirty days a certified copy of his inmate trust 22 account statement for the six-month period immediately proceeding the filing of the complaint. 23 (Id.) 24 On September 30, 2019, plaintiff filed an application to proceed in forma pauperis. (ECF 25 No. 6.) However, the section of the form requiring certification by jail officials is not completed. 26 (Id.) Plaintiff also failed to submit a certified copy of his inmate trust account statement. On the 27 bottom of the application, plaintiff wrote that officers at the facility “refused to assist.” (Id.) 28 Plaintiff also wrote that his personal liaison is Sergeant Stewart “and I attempted to turn it in to 1 1 2 him.” (Id.) No defendants have been served in this action. Nonetheless, where circumstances 3 warrant, the court does have some authority to intervene regarding conduct unrelated to the 4 complaint under The All Writs Act. That Act gives federal courts the authority to issue “all writs 5 necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and 6 principles of law.” 28 U.S.C. 1651(a). The United States Supreme Court has authorized the use 7 of the All Writs Act in appropriate circumstances against persons who, “though not parties to the 8 original action or engaged in wrongdoing, are in a position to frustrate the implementation of a 9 court order or the proper administration of justice.” United States v. N.Y. Tel. Co., 434 U.S. 159 10 (1977). To obtain an order under the All Writs Act, the requested order must be “necessary.” 11 This language requires that the relief requested is not available through some alternative means. 12 Clinton v. Goldsmith, 526 U.S. 529 (1999). 13 Plaintiff appears to claim that officials at the Amador County Jail have refused to 14 complete the section of his in forma pauperis application requiring certification by jail officials. 15 Plaintiff also may be claiming that jail officials have refused to provide him with a copy of his 16 trust account statement. The undersigned is concerned that the court will lose jurisdiction of this 17 action if plaintiff is unable to file a properly completed in forma pauperis application. 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. Within fourteen days of the date of this order, the Amador County Sheriff shall file a 20 status report addressing plaintiff’s ability to obtain a properly completed in forma 21 pauperis application; 22 2. The Clerk of the Court is directed to serve this order and an in forma pauperis 23 application for a prisoner on the Amador County Sheriff, 700 Court Street, Jackson, 24 California, 95642. 25 Dated: October 11, 2019 26 27 Mck1807.alw 28 2

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