Opinion
2:21-cv-1010 JAM KJN P
08-24-2021
MARK LAMONT STEBBINS, Plaintiff, v. SAN JOAQUIN COUNTY HEALTH CARE SERVICES MEDICAL STAFF, et al., Defendants.
ORDER
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE.
Plaintiff is a county jail inmate. On July 29, 2021, the undersigned recommended that this action be dismissed based on plaintiff's failure to file a completed application to proceed in forma pauperis and certified trust account statement. On August 5, 2021, plaintiff filed a letter stating that he was still waiting for his certified copy of the trust account statement from the San Joaquin County Jail's trust department. Good cause appearing, plaintiff is granted an extension of time in which to submit the completed application to proceed in forma pauperis and a certified copy of his trust account statement for the last six months. The findings and recommendations are vacated. However, plaintiff is cautioned that failure to timely submit such documents will result in a recommendation that this action be dismissed.
Plaintiff also inquired whether he would still be eligible for in forma pauperis status if he sent his stimulus funds to his family for family expenses. Plaintiff is advised that this court may not provide advisory rulings or provide legal advice. Once plaintiff submits the required documents, the undersigned will address his request for in forma pauperis status.
Accordingly, IT IS HEREBY ORDERED that:
1. The July 29, 2021 findings and recommendations (ECF No. 9) are vacated.
2. Plaintiffs request (ECF No. 10) is partially granted; and
3. Plaintiff is granted thirty days from the date of this order in which to comply with the June 14, 2021 order by providing a completed application to proceed in forma pauperis and a certified copy of his trust account statement for the last six months.