Atwood II v. United States of America et al
Filing
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ORDER Granting 2 Motion to Proceed in Forma Pauperis; and Order Requiring Plaintiff to File Supplemental Briefing. Signed by Judge Larry Alan Burns on 7/3/2017. (All non-registered users served via U.S. Mail Service)(lrf)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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DAVID GARLAND ATWOOD II,
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CASE NO. 17cv1320-LAB (WVG)
Plaintiff,
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS;
AND
vs.
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UNITED STATES OF AMERICA, et al.,
ORDER REQUIRING PLAINTIFF TO
FILE SUPPLEMENTAL BRIEFING
Defendants.
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Plaintiff David Garland Atwood II filed this action to compel this District’s U.S.
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Probation Office to allow him to come to San Diego for medical treatment. Atwood is on
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federal supervised release in the District of Mississippi. According to his petition, the
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probation office in Mississippi, as well as the U.S. Attorney’s office have approved Atwood’s
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request, but the U.S. Probation Office in San Diego refuses to accept him.
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Atwood filed a motion to proceed in forma pauperis. The Court finds he lacks the
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funds to pay the required filing fee, and GRANTS the motion. Before ordering service of a
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complaint filed by a plaintiff proceeding in forma pauperis, the Court is required to screen the
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pleading sua sponte. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1127 (9th
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Cir. 2000) (en banc).
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Atwood’s petition does not give enough information, and in its present condition it
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would not survive the mandatory screening. Even though the local probation office won’t
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17cv1320
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accept Atwood, it isn’t clear why he can’t travel to San Diego temporarily for treatment, with
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the approval of his local probation office.
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Atwood is therefore ORDERED to file a supplemental memorandum, giving details
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about the expected schedule of his course of treatment, and explaining whether it is feasible
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for him to remain under the supervision of the probation department in Mississippi while
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undergoing surgery and treatment. For example, he should explain how long the surgery,
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treatment, and recovery time are expected to last; how soon he could travel back to
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Mississippi; and how long he would be required to stay in San Diego. If the treatment would
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occur over time, he should explain whether he could travel back and forth between
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Mississippi and San Diego between treatments. He should explain whether his local
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probation office is willing to allow him to come to San Diego temporarily, without transferring
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his supervised release to this District, while he undergoes surgery and treatment. He should
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also provide any other pertinent details explaining why there is no feasible alternative to the
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relief he seeks. Atwood should file the memorandum as soon as he can, but not later than
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35 calendar days from the date this order is issued. It should not be longer than seven
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pages, not counting any attached material.
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Assuming Atwood’s memorandum provides the necessary information, the Court will
conduct the mandatory screening under § 1915(e)(2)(B).
IT IS SO ORDERED.
DATED: July 3, 2017
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HONORABLE LARRY ALAN BURNS
United States District Judge
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17cv1320
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