(PC) Carroll v. Newsom ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE CARROLL, LATASHA Case No. 1:23-cv-00224-HBK (PC) BROWN, 12 ORDER TO FILE COMPLAINT Plaintiffs, 13 ORDER TO FILE ATTACHED v. APPLICATION TO PROCEED IN FORMA 14 PAUPERIS OF PAY FILING FEE NEWSOME, CDCR, PAT VASQUEZ, 15 30-DAY DEADLINE Defendants. 16 17 18 19 Plaintiff Tremayne Carroll, a state prisoner proceeding pro se, initiated this action on her 20 own behalf and purportedly of behalf of another prisoner, Latasha Brown, by filing a pleading 21 titled “Temporary Restraining Order, Preliminary Injunctive Relief, Release to Community, 22 Transfer to Federal Custody or Out-of-State, Imminent Danger, PREA SB132” on February 8, 23 2023 in the Sacramento Division of the Court. (Doc. No. 1, Motion). The Sacramento Division 24 transferred this action to this Court on February 15, 2023. (Doc. No. 3). Plaintiff did not 25 accompany the construed Motion with a complaint, an application to proceed in forma pauperis 26 or the requisite filing fee. The Court will afford Plaintiff a limited opportunity to correct these 27 procedural deficiencies before recommending a dismissal of this action. 28 Plaintiff is advised that “[a] civil action is commenced by filing a complaint with the 1 court.” Fed. R. Civ. P. 3. While a court must engage in the preliminary screening of any 2 complaint in which a prisoner seeks redress, when the prisoner does not file a complaint pursuant 3 to Fed. R. Civ. P. 3, the prisoner has not commenced a civil action. Mendez v. Cal. Dep’t. of 4 Corr., 1999 WL 1271268, at *1 (N.D. Cal. Dec. 21, 1999). Although pleadings filed by pro se 5 litigants are entitled to liberality in their pleadings, they are still required to comply with the 6 Federal Rules of Civil Procedure. Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). 7 Plaintiff did not comply with Fed. R. Civ. P. 3 and did not properly initiate this action. 8 Moreover, Plaintiff Carroll is not an inexperienced litigator. A review of the Pacer Database 9 indicates she has filed at least 16 civil actions in United States courts and therefore is well-aware 10 that she must file a complaint to initiate an action.1 Indeed, Plaintiff has previously been advised 11 that she must file a complaint to initiate an action in federal court under Fed. R. Civ. P. 3. See 12 Carroll v. State of California et. al., 2:18-cv-01832-SVW-JC (C.D. Ca. March 8, 2018); see also 13 Carroll v. A A Lamarque, 2:03-cv-09105-SJO-CW (C.D. Ca. Dec. 15, 2003). 14 In filing her complaint, Plaintiff, as a pro se litigant, may only file the complaint on behalf 15 of herself. Plaintiff may not file a complaint on behalf of another inmate. Simon v. Hartford Life 16 and Accident Ins. Co., 546 F.3d 661, 664 (9th Cir. 2008)(a pro se litigant may not “pursu[e] 17 claims on behalf of others in a representative capacity.”). Further any party filing a civil action 18 must accompany their filing with the requisite $402.00 filing fee or an application to proceed in 19 forma pauperis. Plaintiff did not accompany her Motion with the $402.00 filing fee or an 20 application to proceed in forma pauperis under 28 U.S.C. § 1915. Plaintiff also has previously 21 been advised of this requirement in other cases. See Carroll v. CSP-LAC John Doe, 2:22-cv- 22 97754-VBF-DFM (C. D. Cal. October 25, 2022); Carroll v. State of California, 3:15-cv-01660- 23 GPC-JMA (S. D. Cal. August 31, 2015). 24 Given this Court’s limited resources and overburdened docket, and in light of the fact that 25 Plaintiff has repeatedly been advised of these deficiencies in the past, the Court will recommend a 26 dismissal of any future actions improperly commenced by Plaintiff if initiated with the same 27 28 1 See https://pcl.uscourts.gov/pcl/pages/search/results/parties.jsf. 1 | procedural deficiencies without affording Plaintiff an opportunity to correct the deficiencies. 2 Accordingly, it is ORDERED: 3 1. Within thirty (30) days of date on this Order, Plaintiff shall deliver to correctional 4 officials for mailing a signed complaint. 5 2. Within thirty (30) days of date on this Order, Plaintiff shall file the attached 6 application to proceed in forma pauperis; or (2) pay the $402.00 filing fee. 7 3. If Plaintiff fails to timely comply with this Order, or request an extension by showing 8 good cause, the undersigned will recommend the district court dismiss this case for 9 Plaintiffs failure to comply with a court order and/or prosecute this action. 10 | Dated: _ February 17, 2023 Wile. Th fareh Zack 12 HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28