McNeil v. unknown

Filing 3

ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/30/09 ORDERING that plaintiffs 7/16/09 complaint is DENIED without prejudice; Plaintiff is granted 30 days to file a complaint that complies with the requirements; Clerk is directed to send plaintiff the courts form for filing a civil rights action and the application to proceed in forma pauperis by a prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES MCNEIL, Plaintiff, vs. UNKNOWN, Defendant. / Plaintiff, a state prisoner at California State Prison, Sacramento, has filed a document styled "grand jury complaint form". 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 complaint will be dismissed without prejudice. Plaintiff will be provided the opportunity to file a complaint in compliance with the federal and local rules and to submit an application requesting leave to proceed in forma pauperis or to submit the appropriate filing fee. ORDER No. CIV S-09-1961 KJM P

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4/md mcne1961.nocompl

In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's July 16, 2009 complaint is 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: July 30, 2009.

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