McGee v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 2/5/2013 ORDERING that plaintiff has 30 days to either (a) request that this action be closed, or (b) file a complaint; should plaintiff chose to file a complaint, he must, at the same time, submit the filing fee or an ifp application; and the Clerk is to send plaintiff a form for filing a civil rights action, and an ifp application.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES H. McGEE,

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Plaintiff,

Defendant.

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No. 2:13-cv-0173 KJN P

ORDER

vs.
UNKNOWN,

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Plaintiff, a state prisoner at Mule Creek State Prison, has filed a letter. No other

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pleadings have been filed by plaintiff. In order to commence an action, plaintiff must file a

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complaint, as required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must also

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pay the required filing fee or file an application requesting leave to proceed in forma pauperis.1

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See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief

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until an action has been properly commenced. Plaintiff will be provided the opportunity to file a

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complaint, and to submit an application requesting leave to proceed in forma pauperis or to

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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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Plaintiff is informed that his current allegations, as set forth in his letter, must be

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administratively exhausted through the prison inmate appeals process before they can be

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actionable in federal court. 42 U.S.C. § 1997e(a); Booth v. Churner, 532 U.S. 731, 741 (2001);

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Woodford v. Ngo, 548 U.S. 81, 85-86 (2006).

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

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1. Plaintiff is granted thirty (30) days from the date of service of this order to:

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a. Request that this action be closed; or

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b. File a complaint that complies with the requirements of the Civil Rights Act,

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the Federal Rules of Civil Procedure, and the Local Rules of Practice; the complaint must bear

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the docket number assigned this case; plaintiff must file an original and two copies of the

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complaint.

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2. Should plaintiff chose to file a complaint in this action, he must, at the same
time, submit the required filing fee ($350.00), or an application to proceed in forma pauperis.

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3. Failure to comply with this order will result in the dismissal of this action
without prejudice.

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4. The Clerk of the Court is directed to send plaintiff the court’s form for filing a
civil rights action, and an application to proceed in forma pauperis by a prisoner.

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SO ORDERED.
DATED: February 5, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mcge0173.nocompl

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