(PC) Mathews v. County of Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES LEE MATHEWS, No. 2:23-cv-1021 DB P 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se,1 has filed a civil rights action pursuant 18 to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $52.00 19 administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 20 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in full or submit a 21 properly completed application to proceed in forma pauperis. 22 1 The complaint states that plaintiff’s claims arose during his incarceration at the Sacramento 23 County Main Jail and Rio Cosumnes Correctional Center. (ECF No. 1 at 1.) Records indicate that plaintiff is no longer an inmate in the custody of Sacramento County or the California 24 Department of Corrections and Rehabilitation (CDCR). See https://www.sacsheriff.com/InmateInformation/SearchNames.aspx (inmate locator website 25 operated by the Sacramento County Sheriff's Department); http://inmatelocator.cdcr.ca.gov (inmate locator website operated by CDCR). This court may take judicial notice of such 26 information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records); Pacheco v. Diaz, 27 No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the California Department of Corrections and Rehabilitation's inmate locator 28 system). 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 3 | filing fee plus the $52.00 administrative fee or a properly completed application to proceed in 4 | forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply 5 | with this order or seek an extension of time to do so will result in dismissal of this action without 6 || prejudice; and 7 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma 8 | Pauperis for use in a civil rights action. 9 | Dated: November 6, 2023 10 11 D ORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 DB:15 16 | DB/DB Prisoner Inbox/Civil Rights/R/math1021.3a.dad 17 18 19 20 21 22 23 24 25 26 27 28