(PC) Mack v. Director of Corrections et al

Filing 12

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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