Douglas Sharron Piggee v. U.S. Marshal for the Eastern District of California, et al.

Summary

The United States District Court for the Eastern District of California addresses venue, an incomplete application to proceed in forma pauperis, statutory screening of a prisoner civil-rights complaint, and a motion to amend. The court grants leave to amend, directs plaintiff to submit a completed in forma pauperis application and certified trust-account statement, and warns that failure to comply may result in a recommendation of dismissal.

Holdings

1. Transfer to the Fresno Division was unnecessary because the named defendants resided in Sacramento County, notwithstanding that the alleged violations occurred in Fresno County.
2. Consideration of the in forma pauperis application was properly deferred because the application lacked the institutional certificate and a certified inmate trust-account statement for the preceding six months.
3. Plaintiff could amend his complaint once as a matter of course because the original complaint had not yet been served.
4. The complaint was subject to screening under 28 U.S.C. § 1915A, which requires dismissal of frivolous or malicious claims, claims failing to state a claim, and claims seeking monetary relief from immune defendants.

Questions Presented

1. Whether the action should be transferred to the Fresno Division because the alleged violations occurred there.
2. Whether consideration of plaintiff's incomplete application to proceed in forma pauperis should be deferred pending submission of the required certification and inmate trust-account statement.
3. Whether plaintiff could amend his complaint as a matter of course before service of the original complaint.
4. What screening and completeness requirements would govern any amended prisoner civil-rights complaint.

Disposition

other