Johnson v. Sisto

Filing 5

ORDER re 1 signed by Judge Kimberly J. Mueller on 10/2/06 ORDERING that pltf's 9/13/06 motions for appointment of counsel are DENIED w/out prejudice. Pltf is GRANTED 30 days from the date of service of this order to file a complaint. The Clerk is directed to send pltf a complaint and ifp form. (Kastilahn, A)

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(PC) Johnson v. Sisto Doc. 5 Case 2:06-cv-02035-FCD-KJM Document 5 Filed 10/03/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee but will be allowed to pay it in installments. 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL JOHNSON, Plaintiff, vs. D.K. SISTO, Defendant. / Plaintiff, a state prisoner at California State Prison, Solano, has filed documents seeking appointment of counsel. No other pleadings have been filed by the plaintiff. In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. 1914(a), 1915(a). The court will not issue any orders granting or denying relief until an action has been properly commenced. Therefore, plaintiff's motions will be denied without prejudice. Plaintiff will be provided the opportunity to file his complaint, and to submit an application requesting leave to proceed in forma pauperis or to submit the appropriate filing fee. ///// ORDER No. CIV S-06-2035 FCD KJM P Case 2:06-cv-02035-FCD-KJM Document 5 Filed 10/03/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1/mp john2035.nocmp In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's September 13, 2006 motions for the appointment of counsel are denied without prejudice; 2. Plaintiff is granted thirty days from the date of service of this order to file a complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the complaint must bear the docket number assigned this case; plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, within thirty days from the date of this order, the application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $350.00. Plaintiff's failure to comply with this order will result in a recommendation that this matter be dismissed; and 3. The Clerk of the Court is directed to send plaintiff the court's form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner. DATED: October 2, 2006. ______________________________________ UNITED STATES MAGISTRATE JUDGE 2

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