(PC) Wilson v. Beceigo ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL KEITH WILSON, No. 2:22-cv-1768 AC P 12 Plaintiff, 13 v. ORDER 14 JOANNE BECEIGO, et al., 15 Defendants. 16 17 Plaintiff, a county jail inmate who is proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 20 Before this court is plaintiff’s motion for immediate release. ECF No. 7. For the reasons 21 stated below, the motion will be denied. In addition, plaintiff will be ordered to show cause why 22 this matter should not be dismissed for failure to comply with a court order. 23 I. BACKGROUND 24 On October 18, 2022, plaintiff was ordered to file a completed in forma pauperis affidavit 25 and a certified copy of his prison trust account statement. ECF No. 4. At that time, plaintiff was 26 cautioned that failure to do so would result in a recommendation that this action be dismissed. Id. 27 at 2. 28 //// ] To date, plaintiff has failed to file a properly completed application to proceed in forma 2 || pauperis or, in the alternative, to pay the filing fee. The payment of the filing fee in its entirety or 3 || a grant of an application to proceed in forma pauperis is required prior to proceeding in a civil 4 | action in this court. See 28 U.S.C. §§ 1914(a) 1915(a)(1)-(2). Because plaintiff has not done 5 || either despite having been directed to do so, he will be ordered to show cause why this matter 6 || should not be dismissed for failure to obey a court order. 7 Il. MOTION FOR IMMEDIATE RELEASE 8 Because plaintiff has neither paid the filing fee nor filed a properly completed application 9 || to proceed in forma pauperis, this case is not yet properly before the court for review. See Vaden 10 | v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (confirming complaint formally filed when 11 || court authorizes commencement of suit without prepayment of fees under Section 1915). In any 12 || event, pleadings that relate to the validity of an inmate’s confinement are not properly brought in 13 || a Section 1983 action. See Nettles v. Grounds, 830 F.3d 922, 928 (9th Cir. 2016) cert. denied, 14 | 1378S. Ct. 645 (2017) (stating prisoner’s claim not necessarily leading to immediate or speedier 15 || release from custody falls outside core of habeas corpus). Therefore, the motion for immediate 16 || release will be denied. 17 Accordingly, IT IS HEREBY ORDERED that: 18 1. The Clerk of Court shall send plaintiff a second copy of the court’s Application to 19 || Proceed In Forma Pauperis By a Prisoner; 20 2. Plaintiffs motion for immediate release (ECF No. 7) is DENIED; 21 3. Within thirty days from the date of this order, plaintiff shall SHOW CAUSE why this 22 || matter should not be dismissed for failure to obey a court order; and 23 4. Plaintiffs filing of the properly completed in forma pauperis application or, in the 24 || alternative, his payment of the filing fee in its entirety, will serve to discharge this order to show 25 || cause. 26 || DATED: September 28, 2023 ~ 27 _Athuer—Clore ALLISON CLAIRE 28 UNITED STATES MAGISTRATE JUDGE