Diaz v. Sisto et al

Filing 5

ORDER signed by Judge Craig M. Kellison on 1/9/07 ORDERING that: pltf's 1/4/07 1 Motion for TRO is DENIED; pltf is GRANTED 30 days from the date of service of this order to file a compliant that complies with the requirements set forth in this order; pltf shall also submit an Application to Proceed IFP or the appropriate filing fee w/in 30 days; and the Clerk is DIRECTED to send pltf the court's form for filing a civil rights action, and the Application to Proceed IFP by a prisoner. (Brown, T)

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(PC) Diaz v. Sisto et al Doc. 5 Case 2:07-cv-00020-WBS-CMK Document 5 Filed 01/10/2007 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 MIGUEL E. DIAZ, Plaintiff, vs. WARDEN D.K. SISTO, et al., Defendants. / Plaintiff, a state prisoner at CSP-Solano, has filed an emergency temporary restraining order and preliminary injunction. 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 motion 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-07-0020 WBS CMK P Case 2:07-cv-00020-WBS-CMK Document 5 Filed 01/10/2007 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 In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's January 4, 2007 emergency temporary restraining order and preliminary injunction 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: January 9, 2007. ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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