(HC) Sahm v. California Department of Corrections & Rehabilitation, No. 2:2019cv02515 - Document 10 (E.D. Cal. 2020)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 4/14/2020 VACATING 8 Findings and Recommendations and GRANTING Petitioner 30 days from the date of service of this order to file an amended § 1983 complaint and either an affidavit in support of his request to proceed IFP or the required fees in the amount of $400.00. (Henshaw, R)

Download PDF
(HC) Sahm v. California Department of Corrections & Rehabilitation Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY CARL SAHM, 12 13 14 15 16 No. 2:19-cv-02515 TLN GGH P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OFCORRECTIONS ANDREHABILITATION, Respondent. 17 18 19 20 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. On March 25, 2020, the undersigned issued Findings and Recommendations 21 recommending dismissal due to petitioner’s failure to respond to court orders or take any action to 22 prosecute this case. ECF No. 8. Prior, petitioner had neither filed his amended § 1983 complaint, 23 nor his application to proceed in forma pauperis by a prisoner. Id. Petitioner has now filed 24 objections to the court’s March 25, 2020 Findings and Recommendations. ECF No. 9. 25 Petitioner’s objections are confusing and seem to incorporate claims he seeks to present in his 26 amended complaint. Id. However, petitioner has failed to submit his amended complaint and an 27 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 28 of Court, or the required fees in the amount of $400.00. Nevertheless, the court will afford 1 Dockets.Justia.com 1 petitioner one more opportunity to comply with the court’s instructions issued on February 11, 2 2020. Petitioner shall take care to comply with the court’s deadlines and orders or risk a 3 recommendation that this action be dismissed for failure to prosecute and/or to follow a court 4 order pursuant to Federal Rules of Civil Procedure 41(b). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations issued March 25, 2020 (ECF No. 8), is 7 8 VACATED; 2. Petitioner is granted thirty days from the date of service of this order to file an 9 amended § 1983 complaint that conforms to the terms of the court’s February 11, 2020 order; 10 3. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 11 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 12 the required fees in the amount of $400.00; 13 4. The Clerk of the Court is directed to send petitioner a new Application to Proceed In 14 Forma Pauperis By a Prisoner and a blank form complaint for civil rights claims brought pursuant 15 to 42 U.S.C. § 1983; 16 17 18 5. The Clerk of the Court is directed to send petitioner a one-time courtesy copy of the court’s February 11, 2020 order; and 6. Petitioner is further warned that failure to comply with this order will result in a 19 recommendation that this action be dismissed without prejudice. 20 Dated: April 14, 2020 21 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.