Albin
Albin v. R.J. Donovan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SHAWN ALBIN, Case No. 3:20-cv-00471-JAH-MSB
CDCR #AV-4808,
Plaintiff, ORDER DENYING MOTION TO vs. VACATE [ECF No. 25] and MOTION
FOR EXTENTION OF TIME [ECF
R.J. DONOVAN, SAN DIEGO JAIL,
No. 26] AS MOOT Defendants. 16 I. Introduction On March 12, 2020, Shawn Albin (“Plaintiff” or “Albin”), who is proceeding pro se, was incarcerated at R.J. Donovan State Prison and filed a civil rights complaint pursuant to 42 U.S.C. § 1983 in this Court. ECF No. 1. Albin did not prepay the civil filing fee required by 28 U.S.C. § 1914(a), nor did he file a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). The Court dismissed the action on May 5, 2020, because Albin had failed to either pay the $400.00 civil filing fee or file an IFP motion. ECF No. 2. Albin was given forty-five (45) days to either pay the filing fee or submit a properly supported IFP motion. Id. On…