(PC) Holmes v. Starr ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN HOLMES, No. 2:18-cv-0446 AC P 12 Plaintiff, 13 v. ORDER 14 MELBA STARR, et al., 15 Defendants. 16 17 Plaintiff Kevin Holmes is a former state prisoner1 most recently incarcerated in the 18 California Substance Abuse Treatment Facility (CSATF) in Corcoran, under the authority of the 19 California Department of Corrections and Rehabilitation (CDCR). Plaintiff proceeds pro se with 20 an application to proceed in forma pauperis filed pursuant to 28 U.S.C. § 1915, and a complaint 21 filed pursuant to the Americans with Disabilities Act and 42 U.S.C. § 1983. Plaintiff challenges 22 conditions of his prior confinement at Deuel Vocational Institution (DVI) from August 2017 23 through March 2018, particularly the alleged failure of the facility to accommodate plaintiff’s 24 1 Review of the Inmate Locator website operated by the California Department of Corrections 25 and Rehabilitation (CDCR) indicates that plaintiff is no longer incarcerated under the authority of 26 the CDCR. See http://inmatelocator.cdcr.ca.gov/search.aspx. See also Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose 27 accuracy cannot reasonably be questioned); see also City of Sausalito v. O’Neill, 386 F.3d 1186, 1224 n.2 (9th Cir. 2004) (“We may take judicial notice of a record of a state agency not subject to 28 reasonable dispute.”). MASE 6 LOU VETTE □□□ □ REI IO er PAY ev 1 || disability needs. This action is referred to the undersigned United States Magistrate Judge 2 | pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). 3 Preliminary review of plaintiff's complaint pursuant to 28 U.S.C. § 1915A indicates that it 4 | may state a cognizable claim. However, to proceed with this action, plaintiff must provide his 5 || current address and, if he remains unincarcerated, complete a non-prisoner application to proceed 6 || informa pauperis. Plaintiff is informed that it is his responsibility to keep the court apprised of 7 || his current address at all times. See Local Rules 182(f), 183(b). Hence, service of this order at 8 | plaintiffs last address of record is fully effective. See Local Rule 182(f) (“Absent such notice [of 9 || current address], service of documents at the prior address of the . . . pro se party shall be fully 10 || effective.”). 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. Plaintiff shall, within thirty (30) days after the filing date of this order, complete and 13 || file the attached non-prisoner application to proceed in forma pauperis, which shall include 14 | plaintiffs current address. 15 2. Failure of plaintiff to timely comply with this order will result in a recommendation 16 | that this action be dismissed without prejudice. 17 3. The Clerk of Court is directed to send plaintiff, together with a copy of this order, a 18 || blank application to proceed in forma pauperis used by non-prisoners in this district. 19 | DATED: July 14, 2020 ~ 20 Hthren— Llane ALLISON CLAIRE 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28