(PC) Robinson v. Hernandez ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DeANDRE ROBINSON, No. 2:23-cv-02542-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 HERNANDEZ, et al., 15 Defendants. 16 17 Plaintiff, who was confined in the Sacramento County Jail at the time he filed the 18 complaint, and who proceeds without counsel, filed a civil rights action pursuant to 42 U.S.C. § 19 1983 (ECF No. 1) and a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 20 1915 (ECF No. 2). The certificate portion of his request has not been filled out, and he has not 21 filed a certified copy of the inmate trust account statement for the six-month period immediately 22 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). These defects must be 23 remedied if plaintiff is incarcerated. However, plaintiff informs the court that he is currently 24 involuntarily held at Sierra Vista Hospital. It is unclear whether plaintiff is being held by the 25 county or the state or has been released from custody. Without that information, the court cannot 26 determine whether plaintiff’s in forma pauperis application is subject to § 1915(a)(2). The court 27 will provide plaintiff with an opportunity to either (1) submit a completed in forma pauperis 28 application and a certified copy in support of the application or (2) inform the court that he is no 1 || longer in custody. 2 Plaintiff also seeks appointment of counsel due to his hospitalization for unspecified 3 | mental health reasons. ECF No. 5. (The complaint alleges that plaintiff suffers from depression 4 | and bipolar disorder. ECF No. 1.) An unrepresented litigant is entitled to a competency hearing 5 | —and potentially to appointment of counsel — if he produces to the court substantial evidence of 6 || incompetence or incapacitating mental disability (such as sworn declarations or letters from 7 | treating psychiatrists) that demonstrates that he cannot litigate his claims due to his mental 8 || disorder. Beckett v. Scalia, No. 1:20-cv-0168-JLT-CDB (PC), 2023 U.S. Dist. LEXIS 213300, at 9 | *4-6 (E.D. Cal. Nov. 30, 2023). Plaintiff has not submitted any evidence substantiating his 10 | claimed need for counsel. Accordingly, the motion will be denied without prejudice — plaintiff 11 | may renew it with supporting evidence. 12 In accordance with the above, IT IS HEREBY ORDERED that: 13 1. Plaintiff shall submit, within thirty days from the date of this order, either (1) a 14 | completed affidavit in support of the request to proceed in forma pauperis on the form provided 15 | by the Clerk of Court, and a certified copy of the inmate trust account statement for the six month 16 | period immediately preceding the filing of the complaint or (2) a declaration informing the court 17 | of whether he is currently in county or state custody or is unincarcerated; 18 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 19 | Forma Pauperis By a Prisoner; 20 3. Plaintiff's December 26, 2023 motion for appointment of counsel (ECF No. 5) is 21 || DENIED without prejudice to its renewal with supporting evidence; and 22 4. Plaintiffs failure to comply with this order may result in a recommendation that this 23 || action be dismissed without prejudice. Hp \Z Bg 25 || Dated: March 25, 2024 AZ LPH at 2% EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 27 28