(PC) Woolery v. Shasta County Jail et al

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 4/24/2021 ORDERING plaintiff to submit, within 30 days, either the fees in the amount of $402.00 or a properly completed ifp application; and STRIKING plaintiff's 6 motion to appoint counsel, without prejudice, to refiling a signed copy of the motion. The Clerk shall send plaintiff an ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACOB DAVID WOOLERY,

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No. 2:21-cv-0166 DB P

Plaintiff,
v.

ORDER

SHASTA COUNTY JAIL, et al.,

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Defendants.

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Plaintiff, a county prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff claims defendants failed to properly consider his grievances, refused to

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give him a parole form, and failed to provide adequate dental treatment.

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Plaintiff has not paid the filing fee or filed an application to proceed in forma pauperis. In

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order to proceed with this action, plaintiff must pay the required filing fee of $350.00 plus the

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$52.00 administrative fee or be granted leave to proceed in forma pauperis. Plaintiff will be

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given thirty days leave to pay the filing fee in full or submit a properly completed application to

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proceed in forma pauperis.

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Plaintiff is cautioned that the in forma pauperis application form includes a section that

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must be completed by a prison official, and the form must be accompanied by a certified copy of

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plaintiff’s prison trust account statement for the six-month period immediately preceding the

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filing of this action.
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Plaintiff has also filed a motion for the appointment of counsel. (ECF No. 6.) However,

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the motion does not contain plaintiff’s signature. Federal Rule of Civil Procedure 11(a) and

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Local Rule 131(b) require that all pleadings and non-evidentiary documents to be signed by the

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attorney or the party if that party is proceeding without counsel. Thus, the court is unable to

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consider plaintiff’s motion to appoint counsel unless he signs and refiles the motion. The court

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will strike the motion without prejudice to plaintiff refiling the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00

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filing fee plus the $52.00 administrative fee or a properly completed application to proceed in

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forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply

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with this order or seek an extension of time to do so will result in dismissal of this action without

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prejudice; and

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2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma
Pauperis By a Prisoner for use in a civil rights action.
4. Plaintiff’s motion to appoint counsel (ECF No. 6) is stricken without prejudice to

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refiling a signed copy of the motion.

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Dated: April 24, 2021

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DB:12

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DB/DB Prisoner Inbox/Civil Rights/S/wool0166.3a.31

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