(PC) Hand v. Management and Training Corporation ( 2020 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JEHU HAND, 1:20-cv-00819-GSA (PC) 9 Plaintiff, ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS 10 vs. (ECF No. 2.) 11 MANAGEMENT AND TRAINING ORDER DIRECTING CLERK OF CORPORATION, et al., COURT TO FORWARD ORDER TO 12 WARDEN OF FCI MENDOTA Defendants. 13 ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION 14 TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE 15 THIRTY (30) DAY DEADLINE 16 17 Jehu Hand (“Plaintiff”) is a federal prisoner I.D. number 06494-104, proceeding pro se 18 in this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On 19 June 12, 2020, Plaintiff filed the Complaint commencing this action, together with an application 20 to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) 21 Plaintiff’s application to proceed in forma pauperis is incomplete. There is no certified 22 copy of Plaintiff’s trust account statement for the past six months attached to the application as 23 the instructions require, nor is the certificate portion of the form dated, signed, or filled out by an 24 authorized officer of the correctional institution. Plaintiff must submit a completed form, 25 including a certified copy of his trust account statement, if he wishes the application to be 26 considered. 27 Plaintiff has attached a declaration to his application in lieu of a trust account certification. 28 In this declaration, Plaintiff declares under penalty of perjury that he has made a written request 1 for the required trust account certification and has not received any reply or acknowledgement 2 of receipt from FCI Mendota. (ECF No. 2, p. 3.) The Court finds that Plaintiff has made a good 3 faith attempt to obtain the required signature and trust account statement from his current 4 institution. 5 In light of Plaintiff’s apparent difficulties in obtaining cooperation of prison staff to 6 complete the form and obtain a copy of his inmate trust statement, the Court finds it appropriate 7 to forward a copy of this order to appropriate staff at FCI Mendota. 8 Accordingly, it is HEREBY ORDERED that: 9 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED, without 10 prejudice; 11 2. The Clerk of the Court is directed to forward a copy of this order and Plaintiff’s 12 motion, (ECF No. 2), to the Warden of FCI Mendota in Mendota, California, so 13 that the Warden shall be made aware of the difficulty Plaintiff is experiencing in 14 obtaining the information necessary to complete his application to proceed in 15 forma pauperis; 16 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file 17 the attached application to proceed in forma pauperis, completed and signed, 18 including a certified copy of his trust account statement for the past six months, 19 or in the alternative, pay the $400.00 initial filing fee for this action; 20 4. No extension of time will be granted without a showing of good cause; and 21 5. The failure to comply with this order will result in dismissal of this action 22 without prejudice. 23 IT IS SO ORDERED. 24 25 Dated: June 19, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28