(PC) Black v. Thompson et al

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/5/2022 ORDERING, within 14 days, Warden Dave Brewer shall file a copy of plaintiff's certified trust account statement as required by required by 28 U.S.C. § 1915 (a)(2), or alternati vely, a status report addressing plaintiff's ability to obtain the certified trust account statement. The Clerk shall serve a copy of this order, plaintiff's 9 application to proceed in forma pauperis, and the referenced inmate request forms (ECF No. 16 at 3; ECF No. 21 at 2), on Warden Dave Brewer, FCI Herlong. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY LAMAR BLACK,

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Plaintiff,

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v.

No. 2:21-cv-2167-TLN-EFB P

ORDER

P. THOMPSON, et al.,
Defendants.

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Plaintiff is a federal prisoner proceeding without counsel in a civil action. He has

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submitted an affidavit requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915(a)(1). He has not, however, submitted a certified trust account statement.

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Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment

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of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall

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submit a certified copy of the trust fund account statement (or institutional equivalent) for the

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prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained

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from the appropriate official of each prison at which the prisoner is or was confined.”

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Plaintiff has not submitted a certified copy of his trust account statement or the

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institutional equivalent. He has, however, documented with the court his attempts to obtain it.

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Plaintiff states that on January 29, 2022, his program review case manager told him she would get

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him a copy of his certified trust account statement. ECF No. 14 at 1. On February 25, 2022,
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plaintiff wrote to Warden Brewer, stating that he had not been able to obtain a certified trust

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account statement from his unit team even though he had showed this court’s orders to his case

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manager. ECF No. 16 at 3. According to plaintiff, Warden Brewer responded by instructing

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plaintiff to utilize the administrative remedy process of the Federal Tort Claims Act. ECF No. 17

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at 1. On April 3, 2022, plaintiff wrote to E. Boeber, the acting unit manager, again requesting a

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certified trust account statement. ECF No. 21 at 2. On April 13, 2022, and again on April 21,

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2022, plaintiff notified the court that he had not received a response to this request. ECF Nos. 22

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& 23.

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Generally, the court cannot issue an order against individuals who are not parties or are

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not acting in concert with parties to a suit pending before it. See Zenith Radio Corp. v. Hazeltine

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Research, Inc., 395 U.S. 100, 112 (1969). The All Writs Act, however, gives federal courts the

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authority to issue “all writs necessary or appropriate in aid of their respective jurisdictions and

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agreeable to the usages and principles of law.” 28 U.S.C. 1651(a). The United States Supreme

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Court has authorized the use of the All Writs Act in appropriate circumstances against persons

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who, “though not parties to the original action or engaged in wrongdoing, are in a position to

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frustrate the implementation of a court order or the proper administration of justice.” United

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States v. N.Y. Tel. Co., 434 U.S. 159 (1977). Here, the denial of access to plaintiff’s trust account

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statement is frustrating this court’s ability to rule on plaintiff’s in forma pauperis application.

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Plaintiff, who declares that he is indigent (ECF No. 9), will be unable to proceed with this

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action if the officials at Federal Correctional Institute, Herlong do not provide him with the trust

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account statement (or institutional equivalent) required by 28 U.S.C. § 1915. Accordingly,

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pursuant to the All Writs Act, Warden Dave Brewer is ordered to file a copy of plaintiff’s

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certified trust account statement as required by required by 28 U.S.C. § 1915(a)(2), or

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alternatively, a status report addressing plaintiff’s ability to obtain the certified trust account

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statement.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the date of this order, Warden Dave Brewer shall file a copy of

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plaintiff’s certified trust account statement as required by required by 28 U.S.C. § 1915(a)(2), or

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alternatively, a status report addressing plaintiff’s ability to obtain the certified trust account

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statement.

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2. The Clerk of the Court is directed to serve a copy of this order, plaintiff’s application

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to proceed in forma pauperis (ECF No. 9), and the referenced inmate request forms (ECF No. 16

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at 3; ECF No. 21 at 2), on Warden Dave Brewer, FCI Herlong, Federal Correctional Institution,

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P.O. Box 900, Herlong, California, 96113.

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Dated: May 5, 2022.

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