Robison v. Hill et al

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 11/9/10 DISMISSING 3 Motion to Proceed IFP without prejudice. The Cllerk is directed to send pltf a new IFP form; pltf is directed to submit a completed IFP form and complaint within 30 days; the court intends to consider the TRO request and will consider any response submitted by the AG within 30 days; the clerk is directed to serve a copy of htis order and the TRO request and supporting affidavit on Deputy AG Monica N. Anderson. (Manzer, C)

(PC) Robison v. Hill et al

Doc. 7

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 vs. R. HILL, Warden, et al., Defendants. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GLEN W. ROBISON, Plaintiff, No. 2:10-cv-2954 JFM (PC)

Plaintiff is a state prisoner proceeding pro se. Plaintiff has commenced this action by filing a motion for a temporary restraining order and a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has not filed his application for leave to proceed in forma pauperis on the form used by this district. Use of the form assists plaintiff to establish and the court to evaluate plaintiff's in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2). Accordingly, plaintiff's application will be dismissed and plaintiff will be provided the opportunity to submit the application on the appropriate form. ///// ///// 1
Dockets.Justia.com

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 prejudice;

In order to properly commence a civil rights action, plaintiff must file a complaint. See Fed. R. Civ. P. 3. Accordingly, the Clerk of the Court will be directed to send plaintiff a form civil rights complaint and accompanying instructions and plaintiff will be granted a period of thirty days in which to complete and file the complaint. The court views the allegations of plaintiff's motion for temporary restraining order as sufficiently serious that the will request the California Attorney General to file, within thirty days, an informal response to the motion. The court will also send a copy of plaintiff's motion to the Receiver in Plata v. Schwarzenegger, No. C-01-1351 TEH (N.D. Cal.) In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis is dismissed without

2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner and a form civil rights complaint and accompanying instructions; 3. Plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis and a completed complaint; 4. The court intends to consider plaintiff's request for temporary restraining order and will consider any response submitted by the Office of the California Attorney General within thirty days from the date of this order. 5. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's motion for temporary restraining order and accompanying affidavit on Supervising ///// ///// ///// ///// ///// 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

Deputy Attorney General Monica N. Anderson, 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. DATED: November 9, 2010.

12 r ob i2 9 5 4 .1 4

3

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 Plaintiff DATED: order filed vs. R. HILL, Defendants. ____________________________________/ Plaintiff hereby submits the following documents in compliance with the court's : completed In Forma Pauperis Application completed complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GLEN W. ROBISON, Plaintiff, No. 2:10-cv-2954 JFM (PC)