(PC) Camacho v. CMF Vacaville, No. 2:2022cv00608 - Document 15 (E.D. Cal. 2022)

Court Description: ORDER signed by Magistrate Judge Allison Claire on 6/8/2022 GRANTING IN PART 14 Motion for Extension of Time. Plaintiff shall have an additional 21 days, up to 7/27/2022, to file objections to 7 Findings and Recommendations. (Huang, H)

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(PC) Camacho v. CMF Vacaville Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS CEJA CAMACHO, 12 13 14 15 No. 2:22-cv-0608 WBS AC P Plaintiff, v. ORDER CMF VACAVILLE, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 18 § 1983, has filed an in forma pauperis application in which he states that he has cash in the 19 amount of $4,226.21, a monthly gross income of $1,030.04, and monthly expenses of $1,880.00. 20 ECF No. 2. After the court found that plaintiff had made an inadequate showing of indigency, he 21 was ordered to either pay the filing fee or explain why he could not do so. ECF No. 6. When 22 plaintiff failed to pay the filing fee or otherwise respond to the order, the undersigned issued 23 findings and recommendations recommending that plaintiff’s motion for leave to proceed in 24 forma pauperis be denied. ECF No. 7. Plaintiff then sought and was granted an extension of time 25 to file objections to the findings and recommendations. ECF Nos. 10, 11, 13. The current 26 deadline for filing objections is July 6, 2022. ECF No. 13. 27 28 Plaintiff has now filed a document styled as a motion to explain why he cannot pay the filing fee and for a ninety-day extension of time to “address the problem properly.” ECF No. 14. 1 Dockets.Justia.com 1 The motion states that a government agency has placed a hold on his account and includes a letter 2 showing that a hold in the amount of $607.34 was placed on plaintiff’s account on July 27, 2021. 3 Id. at 2. Plaintiff has also filed a document in which he appears to indicate that he is either unable 4 to withdraw money from the account or no longer has money in the account. ECF No. 8. 5 It is unclear whether plaintiff is seeking additional time to resolve the hold on his account 6 in order to pay the filing fee or whether he is seeking an extension of time to file objections that 7 further explain why he is unable to pay the filing fee. Because plaintiff was just recently granted 8 an additional thirty days to file his objections and it is unclear what he is seeking additional time 9 to do, his motion will be granted only in part. Plaintiff will be granted an additional twenty-one 10 days to file any objections to the findings and recommendations. If plaintiff plans to object to the 11 findings and recommendations on the ground that he is unable to pay the filing fee, he should 12 clearly explain why he is unable to pay the fee. If plaintiff is unable to access his money because 13 of the hold on his account, he should provide documentation showing that the hold, which was 14 initiated nearly one year ago, is still in place, and he should explain why he is unable to resolve 15 the hold. If plaintiff has less money than he indicated in his original application to proceed in 16 forma pauperis, he should provide updated information on the amount of money that he has. 17 Plaintiff may, alternatively, pay the filing fee in full rather than file objections. 18 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an extension of time 19 (ECF No. 14) is GRANTED in part. Plaintiff shall have an additional twenty-one days, up to July 20 27, 2022, to file objections to the May 18, 2022 findings and recommendations. 21 DATED: June 8, 2022 22 23 24 25 26 27 28 2

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