ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought pursuant to 42 U.S.C. § 1983. The following matters are before the court: (1) defendant's motion to revoke plaintiff's in forma pauperis status and to dismiss (ECF No. 48); (2) plaintiff's motion for a temporary restraining order (ECF No. 51); (3) plaintiff's motion to vacate or stay (ECF No. 63); and (4) plaintiff's motion to compel (ECF No. 67).
To date, plaintiff has filed five motions for preliminary injunctive relief. His motions for a temporary restraining order filed on July 22, 2013 and on July 30, 2013 (ECF Nos. 13, 17) were denied on September 13, 2013.
On November 21, 2013, defendant Mohadjer filed a motion to revoke plaintiff's in forma pauperis status and to dismiss. ECF No. 48. Plaintiff did not timely file an opposition. By Order filed on January 14, 2014, plaintiff was directed to file his opposition to the motion. ECF No. 52. Also on January 14, 2014, the undersigned recommended that the fourth TRO motion be denied as insufficiently supported. ECF No. 52. The next day the court docketed yet another TRO motion (ECF No. 53) which was vacated as duplicative of the previously-filed motion, which was still pending when the latest request was submitted. ECF No. 54.
On February 13, 2014, plaintiff sought an extension of time to object to the pending Findings and Recommendations and to oppose the motion to revoke IFP status. In light of plaintiff's representations that he had been separated from his legal property in a recent transfer and lacked law library access, the undersigned vacated the Findings and Recommendations. ECF No. 60. Defendants were directed to respond to plaintiff's fourth motion for preliminary injunctive relief within twenty days, and to advise the court of the status of plaintiff's access to the law library and receipt of his legal property.
In response, defendants provided a memorandum from a facility captain at the California Health Care Facility dated February 18, 2014, indicating that plaintiff had been an inpatient at the California Health Care Facility since January 30, 2014 and that the status of his mental health and his treatment regime had "severely restricted his ability to have access to his legal documents and legal library usage." ECF No. 61-1 at 4. The undersigned, by order filed on February 27, 2014, granted defendants' request to extend the time for their response to plaintiff's motion for preliminary injunctive relief until after the motion to revoke IFP had been adjudicated. ECF No. 62. Counsel for defendants was also directed to notify the court as soon as counsel was informed plaintiff's legal materials had been returned to him and he had law library access.
Plaintiff then filed, on March 4, 2014, a "motion to vacate or stay motion to revoke IFP and to dismiss. . . ." ECF No. 63. In that motion, plaintiff appears to be confused as to how this action proceeds. Plaintiff asks that defendants' motion to revoke IFP be vacated or stayed on grounds that defendants have not yet responded to the operative second amended complaint. However, applicability of the "imminent danger to serious physical injury exception" under 28 U.S.C. § 1915(g), which plaintiff evidently seeks to, is determined on the basis of the original complaint.
On April 7, 2014, plaintiff filed a motion indicating that he has been returned to R.J. Donovan (RJD) and seeks access to his legal property. ECF No. 67. Plaintiff again appears to be confused about what is at issue in the motion to revoke IFP status, incorrectly arguing that the motion may technically be void in light of the filing of the now operative second amended complaint. In response, counsel for defendants states that counsel had been working with the litigation coordinator at RJD to locate plaintiff's legal materials, but that plaintiff had since been transferred to a mental health crisis bed at California Men's Colony. ECF No. 68. Counsel further informs the court that plaintiff was returned to RJD on April 10, 2014, but the next day was again placed in a mental health crisis bed (MHCB) and was therefore unable to take possession of his legal materials.
The TRO motion that remains pending was not supported by the necessary documentation when it was filed.
Accordingly, upon consideration of the present posture of this case, the court makes the following ORDERS:
1. Defendants' motion to revoke plaintiff's in forma pauperis status and to dismiss (ECF No. 48) is VACATED without prejudice to its renewal once plaintiff notifies the court, and defendants' counsel confirms, that he has been reunited with his legal property and has law library access;
2. Upon re-notice of the motion to revoke IFP status, plaintiff will have thirty days to file his opposition; failure to file a timely opposition will be deemed a statement of non-opposition and result in a recommendation of dismissal of this action;
3. Plaintiff's inadequately-supported motion for a TRO (ECF No. 51) is also VACATED without prejudice to its renewal in compliance with Fed. R. Civ. P. 65(b) and Local Rule 231(as modified in part by Local Rule 230(l));
4. Plaintiff's motions at ECF Nos. 63 and 67 are denied as moot.