The opinion of the court was delivered by: Gloria M. Navarro United States District Judge
This reopened prison civil rights action comes before the Court on plaintiff's second application (#8) to proceed in forma pauperis and his motion (#7) for a temporary restraining order (TRO). Both motions disregard the Court's prior statements in this case regarding the requirements for seeking the relief requested.
Plaintiff filed his first pauper application (#1) without attaching either a properly-completed financial certificate or a statement of his inmate trust account for the prior six months.
When the Court denied the first application and initially dismissed the action without prejudice to a properly-commenced new action, it clearly identified the defects in the first application:
The pauper application is incomplete. Both a financial certificate properly completed and executed by an authorized institutional officer and a statement of the plaintiff's inmate trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. Plaintiff attached neither. #2, at 1.
Plaintiff thereafter filed, inter alia, a motion to reopen the case. He attached a copy of financial certificate for a state court proceeding and a copy of an inmate account statement. He stated in the motion that the attachment "was used in a small claims [case]." #4, at electronic docketing pages 2 & 16-25.
The Court granted the motion to reopen in part, out of an abundance of caution. The Court clearly stated that the pauper application was insufficient, that plaintiff must present a properly-completed pauper application for the action to proceed forward, and that the state court materials attached with the motion to reopen were insufficient:
Plaintiff did not properly commence the action with a properly-completed application to proceed in forma pauperis. Plaintiff attached neither a properly-completed financial certificate nor a statement of his inmate trust account for the prior six months, with both being required.
Against this backdrop [of a discussion of case law related to plaintiff's substantive claims], the Court is not persuaded that it should waive all procedural requirements in this matter -- including the requirement that plaintiff present a properly-completed pauper application -- merely because plaintiff is challenging compulsory blood draws by prison officials. . . . .
[N]othing in the often conclusory allegations of the complaint establishes persuasively that plaintiff presents such an exigent circumstance that he must be excused from all procedural requirements for pursuing a prisoner federal civil rights action. . . . .
The Court will reopen this improperly-commenced matter rather than requiring that plaintiff properly commence a new action, as a discretionary matter and out of an abundance of caution. For the matter to proceed, however, plaintiff must present a properly-completed pauper application. . . . .
The Court will reopen the matter and provide plaintiff an opportunity to present a properly-completed pauper application. The financial materials apparently from a prior state court case that plaintiff submitted with the motion to reopen are not sufficient. Plaintiff does not need a free copy of the local rules to file a properly-completed pauper application, and the Court does not provide litigants free copies of the local rules. The Court's orders in this case and the instructions for the pauper application provides plaintiff the information that he needs.
IT FURTHER IS ORDERED that plaintiff shall have thirty (30) days from entry of this order within which to mail to the Clerk of Court for filing a new and properly-completed application to proceed in forma pauperis with all required, and new, financial attachments, i.e., (a) a financial certificate on the required form properly completed and executed by an authorized institutional officer; and (b) a current statement of the plaintiff's inmate trust account for the prior six months. If plaintiff does not timely submit a new pauper application and/or if the new application ...