Opinion
23-cv-05906 BLF
12-21-2023
MINH CONG DO, Plaintiff, v. CA CORRECTIONS HEALTH CARE SERVICES, et al., Defendants
ORDER GRANTING RELIEF FROM ELECTRONIC FILING REQUIREMENT; INSTRUCTIONS TO CLERK
BETH LABSON FREEMAN, United States District Judge
Plaintiff is a state prisoner who is seeking to file an action under 42 U.S.C. § 1983. Plaintiff was housed at Pelican Bay State Prison (“PBSP”) at the time he mailed caseinitiating documents to this Court. Dkt. No. 1 at 2. On November 16, 2023, the Clerk of the Court sent Plaintiff a notice of his failure to use PBSP's email filing procedures in filing his case-initiating documents - i.e., the complaint and in forma pauperis (“IFP”) application, in violation of General Order No. 76. Dkt. No. 1 at 1. The Clerk's notice advised Plaintiff of the procedures to comply with the emailing requirements and that he must do so within fourteen days of the notice to avoid dismissal. Id. This matter was reassigned to the undersigned on December 20, 2023. Dkt. No. 6.
General Order No. 76 established a Pilot Project of the Court and the California Department of Corrections and Rehabilitation (“CDCR”), which requires prisoners filing civil rights actions under § 1983 to submit the case-initiating documents to the Court by email through designated CDCR staff.
The Court notes that on December 15, 2023, Plaintiff filed a notice of change of address, stating that he is now housed at Calipatria State Prison and no longer at PBSP. Dkt. No. 4. The notice is dated December 4, 2023. Id. at 1. Accordingly, the Court finds good cause for relieving Plaintiff from General Order No. 76's efiling requirement as he is no longer confined at a CDCR institution designated by the Clerk of the Court to participate in the Pilot Program under General Order No. 76.
The Clerk shall file the case-initiating documents that were received by the Court as separate docket entries, i.e., the complaint and IFP application, with a filed date of November 16, 2023. Dkt. Nos. 1-2, 1-3. The Court will conduct an initial review of these papers in due course.
IT IS SO ORDERED.