(PC) Mack v. Director of Corrections et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 6/5/24 DENYING 11 plaintiff's Motion to Stay Proceedings. Within 30 days of the service of this order, plaintiff shall file a complaint. Within 30 days of the service of this order, plaintiff shall submit a completed application to proceed in forma pauperis. The Clerk is directed to send plaintiff a prisoner complaint form and an IFP application.(Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY E. MACK,
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No. 2:24-cv-0010 DJC AC P
Plaintiff,
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v.
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ORDER
DIRECTOR OF CORRECTIONS, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed a motion to temporarily stay
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proceedings. ECF No. 11.
By order filed January 11, 2024, plaintiff was ordered to file a proper complaint.1 ECF
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No. 3. He was also ordered to file a completed in forma pauperis application or pay the filing fee
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and was cautioned that failure to comply with either provision of the order would result in a
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recommendation that this action be dismissed. Id. Plaintiff requested and was granted two
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extensions of time (ECF Nos. 7, 9) and was given an additional twenty-one days to comply after
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the time expired and he failed to take any further action (ECF No. 10). Plaintiff now requests a
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stay, stating that he is having difficulty getting his in forma pauperis application back from the
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The original complaint consisted of only a first page and did not include any factual allegations
or plaintiff’s signature. ECF No. 1.
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trust account office, the complaint is complex, and he is dealing with unspecified medical issues.
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ECF No. 11.
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Plaintiff has not identified grounds warranting a stay of this case. However, the court will
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grant plaintiff one final extension of time to submit a complaint and an in forma pauperis
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application. Plaintiff is advised that he does not need to have a prison official complete the
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certificate portion of the in forma pauperis application or obtain a copy of his trust account
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statement because he is in the custody of the California Department of Corrections and
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Rehabilitation. As long as plaintiff completes his portions of the application and signs it, the
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court will be able to obtain a copy of his trust account statement directly from the prison. With
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respect to the complaint, plaintiff is not required to cite any case law or make any legal arguments
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and should instead focus on explaining what each defendant did that he believes violated his
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constitutional rights.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion to stay proceedings (ECF No. 11) is DENIED;
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2. Within thirty days of the service of this order, plaintiff shall file a complaint;
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3. Within thirty days of the service of this order, plaintiff shall submit a completed
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application to proceed in forma pauperis;
4. Failure to comply with either provision of this order will result in a recommendation
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that this action be dismissed without further warning, and no further extensions of time will be
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granted absent a showing of extraordinary circumstances; and
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5. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint
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form used in this district and an Application to Proceed In Forma Pauperis By a Prisoner.
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DATED: June 5, 2024
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