(PC) Andrew v. United States of America ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NORVELL ANDREW, Case No. 1:22-cv-01290-ADA-CDB (PC) 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO 13 v. SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE 14 UNITED STATES OF AMERICA, et al., 15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Norvell Andrew is a federal prisoner proceeding pro se in this civil rights action 18 filed under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 19 (1971).1 On September 29, 2022, Plaintiff filed the complaint and an application to proceed in 20 forma pauperis (“IFP”) in the Northern District of California. (Docs. 1, 2.) On the same day, the 21 Clerk of Court for the Northern District sent a notice to Plaintiff advising that his IFP application 22 was insufficient because it was not submitted on the proper form. (Doc. 3.) The notice stated that 23 Plaintiff was required to pay the $402.00 filing fee or submit a completed IFP application within 24 twenty-eight days. (Id.) 25 Upon the transfer of this case to the Eastern District of California, this Court entered an 26 order denying Plaintiff’s IFP application without prejudice on October 14, 2022. (Doc. 8.) The 27 28 1 Plaintiff also attempts to bring the action under 42 U.S.C. § 1983. 1 Court ordered Plaintiff to pay the $402.00 filing fee or submit an IFP application that complies 2 with 28 U.S.C. § 1915 within forty-five days, or by November 28, 2022. (Id.) The Court did not 3 receive an IFP application, payment of the filing fee, or other response to the order from the 4 Plaintiff. 5 On December 9, 2022, this Court issued findings and recommendations to dismiss this 6 case without prejudice for failure to comply with the Court’s order of October 14, 2022, and 7 failure to prosecute. (Doc. 10.) The Court advised Plaintiff that he could file objections within 8 fourteen days. (Id.) 9 Instead of filing timely objections, Plaintiff filed motions to “alter or amend [the Court’s] 10 decision to dismiss his case” (Docs. 11, 13)2 and a motion for a preliminary injunction (Doc. 12). 11 The Court is without jurisdiction to entertain these motions until Plaintiff pays the filing fee or is 12 granted permission to proceed IFP. Nevertheless, in deference to Plaintiff’s pro se status, the 13 Court has conducted a preliminary review of the motions. 14 In his motions to alter or amend, Plaintiff asserts that he submitted a completed IFP 15 application to Counselor Guevara on November 17, 2022. (Docs. 11, 13.) By his motion for a 16 preliminary injunction, Plaintiff again asserts that he delivered his IFP application to Counselor 17 Guevara for mailing. (Doc. 12 at 2.) Plaintiff proposes new procedures for handling, 18 documenting, and picking up and delivering correspondence and court documents, and he 19 requests the Court to “force” Defendants to follow these proposed procedures. (Doc. 12.) 20 Notwithstanding Plaintiff’s submission of an IFP for filing as previously ordered, Plaintiff 21 has not resubmitted a renewed IFP application for the Court’s consideration and approval. Until 22 Plaintiff has filed a completed IFP application or paid the filing fee in full, this case may not 23 proceed. 24 Accordingly, it is HEREBY ORDERED: 25 Within fourteen (14) days from the date of service of this order, Plaintiff shall submit a 26 completed and signed in forma pauperis application and a certified copy of his inmate trust 27 28 2 These motions are virtually identical. 1 | account statement for six-month period immediately preceding the filing of the complaint as 2 | required by 28 U.S.C. § 1915(a)(2). Alternatively, Plaintiff may pay the $402.00 filing fee in full. 3 | The failure to do so may result in the dismissal of this case, without further notice, for 4 | failure to comply with a court order and failure to prosecute. No request for an extension of 5 | time will be granted without a showing of good cause. 6 The Clerk of Court is directed to attach to this order a form application to proceed in 7 | forma pauperis. 8 | IT IS SO ORDERED. | Dated: _ January 5, 2023 | hr 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28