Opinion
24-cv-01857 BLF (PR)
04-29-2024
JESUS JOSE CANELA, Plaintiff, v. CONTRA COSTA SHERIFF'S DEPT, et al., Defendants.
ORDER GRANTING EXTENSION OF TIME TO FILE NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS; TERMINATING PRIOR MOTIONS
(DOCKET NO. 2, 5)
On March 26, 2024, Plaintiff filed a civil rights complaint under 42 U.S.C. § 1983 in pro se, against various law enforcement agencies. Dkt. No. 1. Along with the complaint, Plaintiff filed an In Forma Pauperis (“IFP”) Application which was deficient because he failed to submit a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer at the facility, and a copy of his prisoner trust account statement showing transactions for the last six months. Dkt. No. 2. Therefore, on the same date, the Clerk of this Court sent Plaintiff a notice that he must correct the deficiencies within twenty-eight days of the notice in order to proceed with this action or face dismissal. Dkt. No. 3. Plaintiff filed another IFP motion on April 8, 2024, which is deficient for the same reason. Dkt. No. 5. The matter was reassigned to the undersigned on April 26, 2024. Dkt. No. 9.
Plaintiff recently filed a notice of change of address, providing what appears to be an address for a private residence. Dkt. No. 7. It appears that Plaintiff is no longer in custody and must therefore file a non-prisoner IFP application.
Accordingly, the Court finds good cause to sua sponte grant Plaintiff an extension of time to resolve the fee matter. In the interest of justice, Plaintiff is granted an extension of time to file a complete a “Non-prisoner Application to Proceed In Forma Pauperis.” Plaintiff shall file the complete IFP application no later than twenty-eight (28) days from the filing date of this order.
Failure to file a complete Non-Prisoner IFP application in the time provided shall result in this action being dismissed without prejudice and without further notice to Plaintiff.
The Clerk shall enclose a copy of the court's “Non-Prisoner Application to Proceed In Forma Pauperis” with a copy of this order to Plaintiff.
Plaintiff's prior IFP motions are DISMISSED as moot. The Clerk shall terminate Docket Nos. 2 and 5.
IT IS SO ORDERED.