(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT DANIEL McKISSICK,

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Plaintiff,

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No. 2: 19-cv-1807 KJN P

v.

ORDER

AMADOR COUNTY JAIL, et al.,

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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. Plaintiff is incarcerated at the Amador County Jail.
On September 19, 2019, the undersigned ordered plaintiff to submit a completed affidavit

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in support of his application to proceed in forma pauperis within thirty days. (ECF No. 4.) The

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undersigned also ordered plaintiff to submit within thirty days a certified copy of his inmate trust

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account statement for the six-month period immediately proceeding the filing of the complaint.

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(Id.)

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On September 30, 2019, plaintiff filed an application to proceed in forma pauperis. (ECF

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No. 6.) However, the section of the form requiring certification by jail officials is not completed.

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(Id.) Plaintiff also failed to submit a certified copy of his inmate trust account statement. On the

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bottom of the application, plaintiff wrote that officers at the facility “refused to assist.” (Id.)

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Plaintiff also wrote that his personal liaison is Sergeant Stewart “and I attempted to turn it in to
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him.” (Id.)
No defendants have been served in this action. Nonetheless, where circumstances

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warrant, the court does have some authority to intervene regarding conduct unrelated to the

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complaint under The All Writs Act. That Act gives federal courts the authority to issue “all writs

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necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and

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principles of law.” 28 U.S.C. 1651(a). The United States Supreme Court has authorized the use

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of the All Writs Act in appropriate circumstances against persons who, “though not parties to the

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original action or engaged in wrongdoing, are in a position to frustrate the implementation of a

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court order or the proper administration of justice.” United States v. N.Y. Tel. Co., 434 U.S. 159

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(1977). To obtain an order under the All Writs Act, the requested order must be “necessary.”

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This language requires that the relief requested is not available through some alternative means.

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Clinton v. Goldsmith, 526 U.S. 529 (1999).

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Plaintiff appears to claim that officials at the Amador County Jail have refused to

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complete the section of his in forma pauperis application requiring certification by jail officials.

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Plaintiff also may be claiming that jail officials have refused to provide him with a copy of his

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trust account statement. The undersigned is concerned that the court will lose jurisdiction of this

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action if plaintiff is unable to file a properly completed in forma pauperis application.

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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 Amador County Sheriff shall file a

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status report addressing plaintiff’s ability to obtain a properly completed in forma

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pauperis application;

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2. The Clerk of the Court is directed to serve this order and an in forma pauperis

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application for a prisoner on the Amador County Sheriff, 700 Court Street, Jackson,

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California, 95642.

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Dated: October 11, 2019

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Mck1807.alw
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