Gallardo v. Cate et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/28/2011 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the $350.00 filing fee; and the clerk to send plaintiff an application to proceed ifp by a non-prisoner.(Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRANK GALLARDO,
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Plaintiff,
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vs.
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No. CIV S-11-1230 WBS DAD P
M. CATE, et al.,
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Defendants.
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ORDER
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On May 3, 2011, plaintiff, a former state prisoner proceeding pro se, filed this
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civil rights action pursuant to 42 U.S.C. § 1983. In his complaint plaintiff alleges that he was
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denied equal access to educational opportunities while imprisoned at Mule Creek State Prison in
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violation of his right to equal protection under the law. Doc. No. 1 at 3. On May 23, 2011,
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plaintiff filed a notice of change of address with the court which indicates that plaintiff is no
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longer in custody. Because plaintiff has been released from custody, his application to proceed in
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forma pauperis is no longer current. Therefore, the court will order plaintiff to submit the
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$350.00 filing fee or a new application to proceed in forma pauperis by a non-prisoner. See 28
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U.S.C. §§ 1914(a), 1915(a).
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However, plaintiff is cautioned that should he proceed with this action, it is likely
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that findings and recommendations will issue recommending that his complaint be dismissed for
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failure to state a cognizable claim. In this regard, plaintiff is advised that prisoners do not have a
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constitutional right to educational or vocational programs. Hoptowit v. Ray, 682 F.2d 1237,
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1255 (9th Cir. 1982); see also Bauman v. Arizona Department of Corrections, 754 F.2d 841, 846
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(9th Cir. 1985).
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit
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in support of his request to proceed in forma pauperis on the form provided by the Clerk of
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Court, or the $350.00 filing fee; plaintiff’s failure to comply with this order will result in the
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dismissal of this action; and
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2. The Clerk of the Court is directed to send plaintiff an Application to Proceed
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In Forma Pauperis By a Non-Prisoner.
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DATED: November 28, 2011.
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DAD:4
gall1230.3a
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