Alston v. City of Sacramento et al

Filing 5

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Allison Claire on 12/3/12: Plaintiff is granted thirty days from the date of service of this order to file a complaint that complies with the requirements of the Federal Rules of Civil Procedure, and the Local Rules of Practice. (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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C.D. ALSTON,
Plaintiff,

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No. CIV 2:12-cv-2865-GEB-AC (PS)

vs.
CITY OF SACRAMENTO, SACRAMENTO
CITY POLICE DEP’T,

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Defendants.

ORDER

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/
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Plaintiff is proceeding in this action pro se. Plaintiff seeks relief pursuant to and
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has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This
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proceeding was referred to this court by Local Rule 72-302(c)(21).
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Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is
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unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in
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forma pauperis will be granted. 28 U.S.C. § 1915(a).
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The federal in forma pauperis statute authorizes federal courts to dismiss a case if
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the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be
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granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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§ 1915(e)(2).
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In this case, the docket reflects that plaintiff has not filed a complaint. While she

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has filed a motion for temporary restraining order, which was denied by the Honorable Garland

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E. Burrell, Jr. on November 28, 2012, this action may not proceed without an operative

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complaint. Accordingly, plaintiff will be granted thirty days to file a complaint.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s application to proceed in forma pauperis is granted;

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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 Federal Rules of Civil Procedure, and the

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Local Rules of Practice. Failure to file a complaint will result in a recommendation that this

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action be dismissed.

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DATED: December 3, 2012.

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______/s/_____________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;alst2865.ifp.grant.lta

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