Wayne Matthew Hasbrook v. Dr. Audree Adreana, et al.

Summary

The United States District Court for the Eastern District of California denied Wayne Matthew Hasbrook’s request for an interview with a U.S. Marshal. The court advised that the action had not commenced because Hasbrook had not paid the filing fee or submitted a complete in forma pauperis application and certified inmate trust account statement, and it noted that abstention principles applied because of a pending state criminal proceeding. The court re-served prior orders and granted Hasbrook 30 days to file objections and the required filing materials.

Holdings

1. The action was not yet commenced for screening purposes because plaintiff had neither paid the filing fee nor submitted a completed in forma pauperis application with a certified inmate trust account statement covering the six months before filing.
2. The federal court could not exercise jurisdiction over the issues raised in the filing because a state criminal proceeding was pending and no special or extraordinary circumstances were identified to justify federal intervention.
3. Plaintiff's request for an interview with a U.S. Marshal was denied.

Questions Presented

1. Whether plaintiff's request for an interview with a U.S. Marshal should be granted.
2. Whether the federal court could address issues raised in plaintiff's filing while a state criminal proceeding was pending.
3. Whether the court could screen plaintiff's complaint before plaintiff paid the filing fee or submitted a compliant application to proceed in forma pauperis.

Disposition

other