Padilla v. Walker

Full title: LUIS A. PADILLA, Plaintiff, v. J. WALKER, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 29, 2008

No. 2:08-cv-1357-MCE-JFM (PC) (E.D. Cal. Oct. 29, 2008)

Opinion

No. 2:08-cv-1357-MCE-JFM (PC).

October 29, 2008

ORDER

JOHN MOULDS, Magistrate Judge

Plaintiff has filed his second request for an extension of time to file an affidavit in support of his request to proceed in forma pauperis pursuant to the court's order August 5, 2008. Plaintiff states that jail officials have again failed to return to him the in forma pauperis affidavit or a copy of his trust account statement. Good cause appearing, plaintiff's request will be partially granted. The Clerk of the Court will be directed to serve two applications to proceed in forma pauperis on plaintiff. Plaintiff shall complete and file one of the application forms without obtaining the jail authority's certification on that form. Plaintiff shall complete the other application and forward it to the jail authority for completion of the certification and to obtain a copy of the trust account statement.

Plaintiff shall include with his filing a document reflecting the date he presented his completed affidavit to jail officials, as well as the name of the jail official to whom he has presented the form. Upon receipt of plaintiff's form, the court will hold this action in abeyance for a period of thirty days to enable jail officials to complete the certification portion and provide the pertinent trust account statement. If, within that thirty day period, these documents have not been provided to plaintiff by jail officials, this court will issue an order to show cause why the jail official should not be held in contempt for interfering with plaintiff's access to the courts. The Clerk of the Court will be directed to serve a copy of this order on the Sacramento County Jail Commander.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's October 15, 2008 request for an extension of time [docket no. 12] is granted;

2. The Clerk of the Court is directed to send two (2) copies of the court's application to proceed in forma pauperis to plaintiff.

3. Plaintiff is granted thirty days from the date of this order in which to file a completed affidavit in support of his request to proceed in forma pauperis, without the certification by jail officials or trust account statement.

4. Within thirty days plaintiff shall complete a second affidavit in support of his request to proceed in forma pauperis and submit it to jail officials for completion of the certification portion and to obtain a copy of the certified trust account statement. Plaintiff shall take note of the date and time he presents the completed affidavit to jail officials and shall document the jail official's name and badge number to submit to the court with his affidavit completed pursuant to paragraph (3) above.

5. Upon receipt of the affidavit completed by plaintiff, as well as the information concerning its delivery to jail officials, the court will hold this action in abeyance for a period of thirty days. If, within that thirty day period, these documents have not been provided to plaintiff by jail officials, this court will issue an order to show cause why the jail official should not be held in contempt for interfering with plaintiff's access to the courts.

6. The Clerk of the Court is directed to serve a certified copy of this order on the Sacramento County Jail Commander, 650 I Street, Sacramento, CA 95814. APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER CASE NUMBER:

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Plaintiff vs. Defendant(s) I, ___________________________, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. § 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.

In support of this application, I answer the following questions under penalty of perjury: Have the institution fill out the Certificate portion of this application and attach a certified copy of your prison trust account statement showing transactions for the past six months. and

1. Are you currently incarcerated: Yes No (If "No" DO NOT USE THIS FORM) If "Yes" state the place of your incarceration. ______________________________________ 2. Are you currently employed? Yes No a. If the answer is "Yes" state the amount of your pay. b. If the answer is "No" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. In the past twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment Yes No b. Rent payments, interest or dividends Yes No c. Pensions, annuities or life insurance payments Yes No d. Disability or workers compensation payments Yes No e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes" describe by that item each source of money and state the amount received what you expect you will continue to receive. Please attach an additional sheet if necessary. 4. Do you have cash or checking or savings accounts? Yes No If "Yes" state the total amount: _________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? Yes No If "Yes" describe the property and state its value. _____________________________________________ 6. Do you have any other assets? Yes No If "Yes" list the asset(s) and state the value of each asset listed. 7. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2).

I declare under penalty of perjury that the above information is true and correct.

______________ _____________________________________________________________ DATE SIGNATURE OF APPLICANT

CERTIFICATE (To be completed by the institution of incarceration)

I certify that the applicant named herein has the sum of $ ______ on account to his/her credit at __________________________________________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $ __________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $ ________.

(Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.)

______________ _____________________________________________________________ DATE SIGNATURE OF AUTHORIZED OFFICER