Mendez v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 03/28/12 ordering the clerk of court is directed to re-designate plaintiff's document filed on 03/19/12 1 as an inquiry. Plaintiff is granted 30 days from the date of service of this order to file a complaint. 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. (Plummer, 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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IVAN L. MENDEZ,

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Plaintiff,

No. 2:12-cv-0684 KJN P

Defendants.

ORDER

vs.
UNKNOWN,

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Plaintiff, a state prisoner at James T. Vaughn Correctional Center, in Smyrna,

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Delaware, has filed a document with this court. No other pleadings have been filed by the

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plaintiff. In order to commence an action, plaintiff must file a complaint as required by Rule 3 of

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the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file

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an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a),

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1915(a). The court will not issue any orders granting or denying relief until an action has been

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properly commenced. Therefore, plaintiff’s motion will be denied without prejudice. Plaintiff

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will be provided the opportunity to file his complaint, and to submit an application requesting

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leave to proceed in forma pauperis or to submit the appropriate filing fee.

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If leave to file in forma pauperis is granted, plaintiff will still be required to pay the
filing fee but will be allowed to pay it in installments.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to re-designate plaintiff’s document filed on

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March 19, 2012 (Dkt. No. 1), as an “inquiry.”

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

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice; the complaint must bear the docket number assigned

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this case; plaintiff must file an original and two copies of the complaint. Plaintiff shall also

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submit, within thirty days from the date of this order, the application to proceed in forma

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pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $350.00.

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Plaintiff's failure to comply with this order will result in a recommendation that this matter be

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dismissed; and

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3. 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 prisoner.

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DATED: March 28, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mend0684.nocompl

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