Stanford v. Ramirez et al

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/29/2010 ORDERING that pltf's 1 letter is DENIED w/out prejudice; pltf is GRANTED 28 days to file a cmplt; pltf to also submit, w/in 28 days, an application to proceed ifp or the $350.00 filing fee; the clerk to send pltf a civil rights action form and an ifp application. (Yin, K)

(PC) Stanford v. Ramirez et al

Doc. 4

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Dockets.Justia.com
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL STANFORD, Plaintiff, vs. RAMIREZ, et al., Defendants. / Plaintiff, a state prisoner at Kern Valley State Prison has filed a document styled as a letter seeking to stop the mistreatment of inmates. 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-10-2298 GGH P

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In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's August 26, 2010 letter (Doc. 1) is denied without prejudice; 2. Plaintiff is granted twenty-eight 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 twenty-eight 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: September 29, 2010 /s/ Gregory G. Hollows

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GGH:AB stan2298.nocomplaint

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE