Bowie v. High Desert State Prison

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/11: Plaintiff's complaint is dismissed. The Clerk of the Court is directed to send plaintiff a form for filing a civil rights action under 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BOWIE,

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Plaintiff,

No. 2:11-cv-2212 KJN P

vs.
HIGH DESERT STATE PRISON,
Defendant.

ORDER
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Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or

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paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Therefore, plaintiff will be

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provided the opportunity to submit either the appropriate affidavit in support of a request to

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proceed in forma pauperis or the appropriate filing fee.

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In addition, it appears plaintiff failed to file the entire civil rights complaint.

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Plaintiff’s August 15, 2011 complaint is filed on the form used by the Central District of

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California. The form is six pages long; however, plaintiff only provided the first three pages.

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Plaintiff has failed to provide the nature of his claim or claims against defendant, and did not sign

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the complaint. Rule 11 of the Federal Rules of Civil Procedure requires that all pleadings must

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be signed by a party proceeding without counsel. Id.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s complaint is dismissed.

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2. The Clerk of the Court is directed to send plaintiff a form for filing a civil

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rights action under 42 U.S.C. § 1983 with the accompanying instructions and an Application to

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Proceed In Forma Pauperis By a Prisoner with the accompanying information sheet.

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3. Within thirty days from the date of this order, plaintiff shall complete the
attached Notice of Amendment and submit the following documents to the court:

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a. The completed Notice of Amendment;

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b. The appropriate affidavit in support of a request to proceed in forma

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pauperis or the appropriate filing fee; and

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c. An original and one copy of the Amended Complaint.

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Plaintiff’s amended complaint shall comply with the requirements of the Civil Rights Act, the

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Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must

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also bear the docket number assigned to this case and must be labeled “Amended Complaint.”

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4. Failure to comply with this order may result in the dismissal of this action.
DATED: August 24, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bowi2212.3a

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BOWIE,

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Plaintiff,
vs.
HIGH DESERT STATE PRISON,

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SUBMISSION OF

Defendants.

IFP or FILING FEE

____________________________________/

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No. 2:11-cv-2212 KJN P

AND AMENDED COMPLAINT

Plaintiff hereby submits the following document in compliance with the court's
order filed

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IFP affidavit

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The appropriate filing fee

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Amended Complaint that is signed and complete.

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DATED:

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Plaintiff
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