Roy v. Unknown

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 3/29/12 ORDERING that plaintiff is granted 30 days from the date of service of this order to file a complaint on the form provided by the Clerk of Court that complies with the requirements; Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action and the application to proceed in forma pauperis by a non-prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMAL K. ROY,

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Plaintiff,

No. CIV S-12-0647 DAD P

Defendants.

ORDER

vs.
UNKNOWN,

/
Plaintiff, a pro se litigant residing in Saranac Lake, New York, has filed a 71-page

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disorganized and unclear document upon which the Clerk of the Court has, out an abundance of

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caution, opened this civil action. The court cannot tell from the document filed by plaintiff what

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it is he is attempting to complain about or what relief he seeks from the court. Plaintiff has also

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filed an incomplete application requesting leave to proceed in forma pauperis.

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In order to commence an action, plaintiff must file a complaint as required by

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Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing

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fee or file a complete application requesting leave to proceed in forma pauperis. See 28 U.S.C.

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§§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief until an action

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has been properly commenced. The court will provide plaintiff with an opportunity to file his

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complaint and to submit a complete application requesting leave to proceed in forma pauperis.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days from the date of service of this order to file a

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complaint on the form provided by the Clerk of Court that complies with the requirements of the

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Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the

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complaint must bear the docket number assigned this case. Plaintiff shall also submit, within

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thirty days from the date of this order, a complete application to proceed in forma pauperis on the

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form provided by the Clerk of Court. Plaintiff's failure to comply with this order will result in a

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recommendation that this action be dismissed; and

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

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civil rights action and the application to proceed in forma pauperis by a non-prisoner.

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DATED: March 29, 2012.

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DAD:9
roy0647.nocompl

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