Stallworth v. Deputies & Sergeants of Contra Costa County Jails & Facilities
- Yvonne Rogers
- 4:22-cv-04332
- U.S. District Court · Northern District of California
- 2
In Stallworth v. Deputies & Sergeants, Judge Rogers dismissed the prisoner’s case without prejudice and denied his incomplete application to proceed without paying the filing fee.
Joseph Stallworth’s case was dismissed without prejudice, his application to proceed without paying the filing fee was denied as incomplete, and the case file was closed. The named defendants were not required to litigate the complaint in this order.
What happened
Joseph Stallworth filed a prisoner lawsuit under 42 U.S.C. § 1983 against Deputies and Sergeants of Contra Costa County Jails & Facilities. He was representing himself and was in custody at the West County Detention Facility.
The Clerk told Stallworth that he had to either pay the filing fee or submit a complete application to proceed without paying it. Although he submitted two applications, he did not provide the required Certificate of Funds and six-month prisoner trust-account statement, even after receiving additional instructions and a deadline.
In Stallworth v. Deputies & Sergeants of Contra Costa County Jails & Facilities, Judge Yvonne Rogers dismissed the action without prejudice, denied Stallworth’s application as incomplete, terminated all pending motions, and closed the file.
The detailed version
- Stallworth v. Deputies & Sergeants of Contra Costa County Jails & Facilities · No. 4:22-cv-04332
- Yvonne Rogers
- Dec. 23, 2022
Background
Joseph Stallworth filed a pro se prisoner complaint under 42 U.S.C. § 1983 against Deputies and Sergeants of Contra Costa County Jails & Facilities. The opinion states that Stallworth was in custody at the West County Detention Facility. The case was reassigned from a magistrate judge to Judge Yvonne Rogers.
Filing-fee application
When Stallworth filed the complaint, he had not paid the filing fee and had not submitted an application to proceed without paying it. The Clerk sent him an application form, instructions, and notice that the case would be dismissed if he did not pay the fee or submit a completed application within 28 days.
Stallworth later submitted an application, but it did not include his Certificate of Funds or a prisoner trust-account statement covering the previous six months. The Clerk notified him that the application was deficient and provided another form and instructions. Stallworth submitted another application but again did not attach the required trust-account statement. The 28-day deadline passed without his submitting that document.
Ruling
Judge Rogers dismissed the action without prejudice. She also denied Stallworth’s application to proceed without paying the filing fee as incomplete. The Clerk was directed to terminate all pending motions and close the file.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.