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In re Hoover

United States District Court, E.D. California
Oct 14, 2008
No. CIV S-08-1930 GGH P (E.D. Cal. Oct. 14, 2008)

Opinion

No. CIV S-08-1930 GGH P.

October 14, 2008


ORDER


Inmate Gary Hoover, CDC # C-48040, incarcerated at North Kern State Prison (NKSP), raised safety concerns in a letter to the court, filed on 8/18/08. The court sealed the letter, and although the inmate had not properly opened a case by filing a complaint, the undersigned also directed a response from the NKSP warden and the state Attorney General's office within ten days (as well as directing that a courtesy copy of the letter and order be provided to the U.S. Attorney's Office). See Order, filed on 8/27/08.

There was a timely response and, by Order, filed on 9/19/08, the court noted that Warden Lydia Hense of North Kern State Prison and the state Attorney General's office had provided information indicating appropriate follow-up had occurred and that Inmate Hoover had also informed the court that his safety concerns were being addressed appropriately. The court found the prior order discharged and closed the matter, deeming it resolved.

However, Inmate Hoover continues to file letters, declarations, requests regarding various issues, ranging from different health and safety concerns to transfer questions. As noted, Inmate Hoover, by his initial filing never properly opened a case. He nevertheless improperly appears to regard this court as a sort of state prison ombudsman to which he can turn to intervene in the administration of the state prisons for his varying, on-going concerns.

Accordingly, IT IS ORDERED that:

1. The Clerk of the Court is directed to return all mail from Inmate Hoover sent by him to be filed in this closed matter; the Clerk is not to file any mail from this inmate in the court's electronic docket for this closed case in future;

2. The Clerk is also directed to provide Inmate Hoover with a civil rights complaint form for prisoners in this district and with an Application to Proceed In Forma Pauperis By a Prisoner;

3. Inmate Hoover may proceed in federal court only upon the filing of an appropriate complaint, under 42 U.S.C. § 1983, along with either payment of a filing fee or an in forma pauperis affidavit, 28 U.S.C. §§ 1914(a), 1915(a).


Summaries of

In re Hoover

United States District Court, E.D. California
Oct 14, 2008
No. CIV S-08-1930 GGH P (E.D. Cal. Oct. 14, 2008)
Case details for

In re Hoover

Case Details

Full title:In re: Hoover

Court:United States District Court, E.D. California

Date published: Oct 14, 2008

Citations

No. CIV S-08-1930 GGH P (E.D. Cal. Oct. 14, 2008)