(PS) Strange v. US Army ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEVI GARCIA STRANGE, No. 2:20–cv–2408–JAM–KJN PS 12 Plaintiff, ORDER REQUIRING SUPPLEMENTAL FILINGS 13 v. 14 U.S. ARMY, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding without counsel in this action, has requested leave to proceed 18 in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) However, plaintiff’s application is 19 deficient, and the court cannot rule on plaintiff’s request at this time. The majority of plaintiff’s 20 IFP application is left blank, and while plaintiff lists certain monthly expenses, he provides no 21 information on his income. Thus, plaintiff is ordered to supplement his IFP request by providing 22 the court with more information about his income, expenses, and other areas (as requested on the 23 IFP short form). Plaintiff may refile a completed short form, or may provide supplementary 24 answers to the blank spaces on his original form. Plaintiff shall supplement this information 25 within 14 days of this order. 26 Further, it appears plaintiff is alleging some kind of tort claim against the U.S. Army. 27 Setting aside other potential pleading issues, it is unclear from plaintiff’s complaint whether he 28 has exhausted his claims in an administrative process. See Gillespie v. Civiletti, 629 F.2d 637, 1 | 640 (9th Cir. 1980) (“The timely filing of an administrative claim . . . should be affirmatively 2 | alleged in the complaint.”). Therefore, in addition to plaintiff's supplementary filing on the IFP 3 | issue, plaintiff shall file a declaration indicating whether he has participated in any administrative 4 | remedies with the U.S. Army, and if so what the status of that proceeding is. This declaration is 5 | also due within 14 days of this order. 6 ORDER 7 Accordingly, it is hereby ORDERED that within 14 days, plaintiff shall: 8 1. Supplement his request to proceed in forma pauperis; and 9 2. File a declaration concerning the U.S. Army’s administrative claims process. 10 || Dated: December 16, 2020 u A Abar 12 KENDALL J. NE stra.2408 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28