(PC) Colbourn v. California Courts ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBOURN, No. 2:20-cv-0725 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA COURTS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. (ECF No. 1). The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, 20 the undersigned shall recommend that this action be dismissed without prejudice for failure to file 21 an in forma pauperis application and, in the alternative, for failure to pay the appropriate filing 22 fee. 23 Since the filing of plaintiff’s complaint in April 2020, plaintiff has twice been formally 24 ordered to file a proper in forma pauperis application, and he has twice been sent a copy of the in 25 forma pauperis application. (See ECF Nos. 3, 12). Each time, plaintiff has been given thirty days 26 within which to comply with the court’s order. (See ECF Nos. 3, 12). In addition, on June 30, 27 2020, plaintiff was served with a third copy of the in forma pauperis application when the court’s 28 most recent order was re-served on representatives at the Butte County Jail. wOAIe 2 OU UVM □□□ □□□ INI MMU CO PIA eM 1 On July 2, 2020, Butte County Jail filed plaintiffs prisoner trust fund account statement. 2 | (See ECF No. 25). However, to date, plaintiff has still failed to fill out, sign and return his 3 | application to proceed in forma pauperis as he has been repeatedly instructed to do, nor has he 4 | opted to pay the filing fees. Instead, since first being ordered to do either one or the other, 5 | plaintiff has filed at least sixteen documents in this court which either complain about the fact that 6 | Butte County Jail has not filed his prisoner trust fund account statement with the court or which 7 | inform the court of the status of what appear to be unrelated habeas actions plaintiff has filed with 8 | the state. (See ECF Nos. 4, 7-11, 13-18, 21-24). For these reasons, the undersigned recommends 9 | that this action be dismissed for failure to file an in forma pauperis application and, in the 10 | alternative, for failure to pay the filing fee. See generally 28 U.S.C. § 1915(a)(1)-(2), □□□□□□□□□ 11 | (B). 12 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a District 13 | Court Judge to this action. 14 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice for 15 | failure to file an in forma pauperis application and, in the alternative, for failure to pay the filing 16 | fee. See generally 28 U.S.C. § 1915(a)(1)-(2), (b)(1)(A)-(B). 17 These findings and recommendations are submitted to the United States District Judge 18 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within thirty days after 19 | being served with these findings and recommendations, plaintiff may file written objections with 20 || the court and serve a copy on all parties. Such a document should be captioned “Objections to 21 | Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 22 || objections within the specified time may waive the right to appeal the District Court’s order. 23 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 24 | Dated: July 8, 2020 25 26 27 || DLB:13 2 ORR BARNES DB/ORDERS.ORDERS.PRISONER.CIVIL RIGHTS/colb0725.fifp UNITED STATES MAGISTRATE JUDGE 28