(PC) Houser v. Irmy ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAKE MATTHEW HOUSER, No. 2:20-cv-0961 AC P 12 Plaintiff, 13 v. ORDER 14 JOSHUA IRMY, et al., 15 Defendants. 16 17 Plaintiff, a county inmate proceeding pro se, has filed this civil rights action pursuant to 18 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. This action is referred to the undersigned United States Magistrate Judge pursuant 20 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). 21 This court found plaintiff’s initial request to proceed in forma pauperis incomplete, ECF 22 No. 2, and directed him to file a completed request, ECF No. 5. Plaintiff’s second request was 23 also incomplete, ECF No. 6, and the court again granted plaintiff leave to file a completed 24 request, ECF No. 8. Plaintiff’s third request was also incomplete, ECF No. 9, and the court again 25 granted plaintiff leave to file a completed request, ECF No. 10. That order informed plaintiff that 26 his “failure to timely comply with this order will result in a recommendation that this action be 27 dismissed without prejudice.” ECF No. 10 at 2. 28 Plaintiff has again filed a request to proceed in forma pauperis that is incomplete; it lacks wOAIe 2 UVM MEV EAINTT ENN RAMU te PIA a ee AY ee 1 | an authorized certificate showing the balance of funds in plaintiff’s trust account and does not 2 | include a certified copy of his jail trust account statement. ECF No. 11. Due to plaintiff’s 3 || repeated failure to submit the required documents in support of his request to proceed in forma 4 | pauperis, the undersigned will recommend that this action be dismissed without prejudice. 5 The court further notes that plaintiff's complaint, ECF No. 1, appears to be frivolous 6 || (alleging claims for “rights as an American citizen to defend my home and family,” “Shasta 7 | County Sheriffs and Agents in BDUS at a mafia safe house,” and “my vehicle had a bounty by 8 || dirty/corrupt Deputy’). This court may dismiss a claim as frivolous when it lacks an arguable 9 | basis in law or in fact. Neitzke v. Williams, 490 U.S. 319, 327 (1989). 10 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 11 | randomly assign a district judge to this case. 12 Additionally, IT IS HEREBY RECOMMENDED that this action be dismissed without 13 || prejudice for failure to comply with court orders. See Fed. R. Civ. P. 41(b). 14 These findings and recommendations are submitted to the United States District Judge 15 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 16 | days after being served with these findings and recommendations, plaintiff may file written 17 || objections with the court and serve a copy on all parties. Such a document should be captioned 18 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 19 | failure to file objections within the specified time may waive the right to appeal the District 20 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 21 || DATED: July 13, 2020 ~ 22 Chthien—Chare ALLISON CLAIRE 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28