Houze v. State of California et al

Filing 3

ORDER signed by Judge Gregory G. Hollows on 9/28/06 ORDERING that plaintiff is GRANTED 30 days from the date of service of this order to file a complaint that complies with the Civil Rights Act, FRCP and Local Rules. Plaintiff shall also submit, wit hin 30 days from the date of this order, the application to proceed IFP, or the $350 filing fee. The Clerk is directed to send plaintiff the court's form for filing a civil rights action and the application to proceed IFP by a prisoner. (Caspar, M)

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(PC) Houze v. State of California et al Doc. 3 Case 2:06-cv-02045-MCE-GGH Document 3 Filed 09/28/2006 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 LAMONT A. HOUZE, II, Plaintiff, vs. STATE OF CALIFORNIA, et al., Defendants. / Plaintiff, a prisoner at Rio Consumnes Correction Center, has filed a document styled "notice of action," seeking release from custody, as well as compensation. 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). If plaintiff has grounds for release from custody, he should file a habeas corpus petition. The court will not issue any orders granting or denying relief until an action has been properly commenced. 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-06-2045 MCE GGH P Case 2:06-cv-02045-MCE-GGH Document 3 Filed 09/28/2006 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 GGH:bb houz2045.nocmp In accordance with the above, IT IS HEREBY ORDERED that: 1. 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 2. 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: 9/28/06 /s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 2

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