Medina v. Obama, et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/19/13 ORDERING that the Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis and a form for filing a civil rights action under 42 U. S.C. § 1983. Plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). Plaintiff has 30 days from the date of service of this order to submit a complaint. Failure to comply with this order will result in this action being dismissed.(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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ANTHONY R. MEDINA,
Plaintiff,

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No. 2:13-cv-0458 EFB P

vs.

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BARACK OBAMA, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel. He has filed documents with the

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court using the form to be used by a prisoner in filing a complaint under the Civil Right Act, 42

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U.S.C. § 1983.

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To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28

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U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust

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account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor

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submitted a proper application for leave to proceed in forma pauperis. Plaintiff has 30 days to

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either pay the fee or file a proper application.

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In addition, plaintiff must submit a proper complaint, as the complaint he has filed is not

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signed, and contains allegations pertaining only to a “previous lawsuit,” and not to the instant

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action. See Dckt. No. 1. Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very
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pleading, written motion, and other paper . . . be signed by at least one attorney of record in the

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attorney’s name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a).

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And pursuant to Rule 8 of the Federal Rules of Civil Procedure, a complaint must include “a

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short and plain statement of the claim” showing entitlement to relief. Fed. R. Civ. P. 8(a)(2). To

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properly commence a civil action, plaintiff must file a signed complaint. Fed. R. Civ. P. 3.

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Until plaintiff submits a proper complaint and either pays the filing fee or meets the

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requirements of 28 U.S.C. § 1915(a), there simply is no case before the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to mail to plaintiff a form application for leave to

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proceed in forma pauperis and a form for filing a civil rights action under 42 U.S.C. § 1983.
2. Plaintiff has 30 days from the date of service of this order to submit either the filing
fee or the application required by § 1915(a).

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3. Plaintiff has 30 days from the date of service of this order to submit a complaint.

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4. Failure to comply with this order will result in this action being dismissed.

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DATED: March 19, 2013.

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