Opinion
2:23-cv-1021 DB P
11-06-2023
JAMES LEE MATHEWS, Plaintiff, v. COUNTY OF SACRAMENTO, et al., Defendants.
ORDER
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE.
Plaintiff, a former state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $52.00 administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in full or submit a properly completed application to proceed in forma pauperis.
The complaint states that plaintiff's claims arose during his incarceration at the Sacramento County Main Jail and Rio Cosumnes Correctional Center. (ECF No. 1 at 1.) Records indicate that plaintiff is no longer an inmate in the custody of Sacramento County or the California Department of Corrections and Rehabilitation (CDCR). See https://www.sacsheriff.com/InmateInformation/SearchNames.aspx (inmate locator website operated by the Sacramento County Sheriffs Department); http://inmatelocator.cdcr.ca.gov (inmate locator website operated by CDCR). This court may take judicial notice of such information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F.Supp.2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records); Pacheco v. Diaz, No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the California Department of Corrections and Rehabilitation's inmate locator system).
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee plus the $52.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in dismissal of this action without prejudice; and
2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis for use in a civil rights action.