(PC) Blanton v. D.O.J, et al.

Filing 28

ORDER signed by Magistrate Judge Deborah Barnes on 3/27/2024 DIRECTING the plaintiff to file a signed Complaint and Motion for IFP within 30 days of the date of this order. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRIK MICHAEL BLANTON,

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No. 2:23-cv-2987 DB P

Plaintiff,
v.

ORDER

D.O.J., et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C.

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§1983. After the court ordered plaintiff to file a motion to proceed in forma pauperis or pay the

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filing fee, plaintiff filed two motions to proceed in forma pauperis. (ECF Nos. 9, 16.) Plaintiff

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did not sign either of his motions to proceed in forma pauperis or his complaint. In an order filed

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March 6, 2024, this court informed plaintiff that if he wishes to proceed, he must file signed a

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signed complaint and a signed motion to proceed in forma pauperis. (ECF No. 20.)

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Shortly thereafter, plaintiff’s mother brought a document to the Office of the Clerk. In it

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she stated, among other things, that plaintiff is at risk of being killed by enemies, that he is not

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receiving necessary medical care, and that the prison is testing some sort of weapons on him,

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which amounts to torture. Since plaintiff’s complaint was filed here on December 21, 2023, in

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addition to his two motions to proceed in forma pauperis, plaintiff has filed eighteen documents.

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This court continues to be unable to discern the purpose of most of these filings. In the most
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recent filing, it appears that plaintiff is alleging that a doctor implanted five or six cochlear

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implants through which the government is trying to force him to give them drug money, doctors

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have falsified his medical records, and he is being tortured. (ECF No. 26.)

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Based on the allegations of plaintiff and of his mother, and out of an abundance of

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caution, on March 8 this court ordered a representative of the Attorney General’s Office to

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contact the litigation coordinator at R.J. Donovan Correctional Facility where plaintiff is

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incarcerated to inquire about plaintiff’s safety, whether plaintiff is currently in need of medical

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care, and what sort of treatment, if any, plaintiff is currently receiving for any health issues,

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including mental health issues and to file a report with the court. (ECF No. 21.) A representative

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of the Attorney General’s Office filed that report. This court ordered it filed under seal to protect

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confidential and sensitive information relating to plaintiff. (ECF Nos. 23, 24.)
As stated previously, this court finds most of plaintiff’s allegations, and those he

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communicated to his mother, incredible. The report provided by the litigation coordinator shows

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that plaintiff is receiving mental health care, is currently in restricted housing, and prison staff are

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investigating plaintiff’s safety concerns. This court finds no basis to take any action based on

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plaintiff’s many recent filings.
This court’s March 6 order remains in effect. If plaintiff wishes to proceed with this case,

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he must file a signed complaint and a signed motion to proceed in forma pauperis. Plaintiff will

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be given one more opportunity to file those documents. Plaintiff is again warned that his failure

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to comply with this order will result in recommendation that this case be dismissed.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Within thirty days of the date of this order, plaintiff shall file a signed complaint and a

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signed motion to proceed in forma pauperis.

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2. If plaintiff fails to file a signed complaint and a signed motion to proceed in forma

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pauperis, this court will recommend this action be dismissed without prejudice.

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Dated: March 27, 2024

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DLB:9
DB Prisoner Inbox/Civil Rights/S/blan2987.sign docs(2)

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