IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 7, 2009
LOUIS RICHARD FRESQUEZ, PLAINTIFF,
MERCY HOSPITAL BAKERSFIELD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
ORDER RE MOTIONS
(DOCS 9, 10)
Plaintiff is a state prisoner proceeding pro se in a civil action against officials of the California Department of Corrections and Rehabilitation. Plaintiff also seeks relief against Mercy Hospital Bakersfield and Cardionuclear Laboratory.
On November 17, 2008, an order to show cause was entered, directing Plaintiff to show cause why he should not be denied leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). On January 6, 2009, Plaintiff was granted an extension of time in which to file a response to the order to show cause. On February 6, 2009, Plaintiff filed a motion for stay and a motion for an evidentiary hearing.
In his motions, Plaintiff appears to be arguing that this is an action brought pursuant to the Americans With Disabilities Act. Plaintiff is that 28 U.S.C. § 1915(g) applies a "civil action or proceeding," and is not limited in its application to § 1983 actions. Plaintiff may not proceed in forma pauperis unless he has alleged facts that satisfy section 1915(g). Plaintiff has not done so. The court will, however, grant Plaintiff one further opportunity to file a response to the order to show cause.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for a stay and motion for an evidentiary hearing are denied.
2. Plaintiff is granted an extension of time of thirty days in which to file a response to the November 17, 2008, order to show cause.
IT IS SO ORDERED.
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