Camou v. California Medical Facility

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/29/2013 GRANTING plaintiff 30 days to file a complaint; plaintiff shall also submit, within 30 days, the application to proceed IFP or the $350.00 filing fee; and the Clerk shall send plaintiff a civil rights action form and an ifp application.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL CAMOU,

12

Plaintiff,

13
14

No. 2:13-cv-1031 CKD P

v.

ORDER

CALIFORNIA MEDICAL FACILITY,

15

Defendant.

16
Plaintiff, a California prisoner, has filed a letter in which he complains about medical care.

17
18

No other pleadings have been filed by the plaintiff. In order to commence an action, plaintiff

19

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

20

must either pay the required filing fee or file an application requesting leave to proceed in forma

21

pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or

22

denying relief until an action has been properly commenced. Therefore, plaintiff’s motion will be

23

denied without prejudice. Plaintiff will be provided the opportunity to file his complaint, and to

24

submit an application requesting leave to proceed in forma pauperis or to submit the appropriate

25

filing fee.

26

/////

27
28

1

If leave to file in informa pauperis is granted, plaintiff will still be required to pay the filing fee
but will be allowed to pay it in installments.
1

1

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

2

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

3

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

4

and the Local Rules of Practice; the complaint must bear the docket number assigned this case;

5

plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, within

6

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

7

provided by the Clerk of Court, or the filing fee in the amount of $350.00. Plaintiff’s failure to

8

comply with this order will result in dismissal.

9

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

10

rights action, and the application to proceed in forma pauperis by a prisoner.

11

Dated: May 29, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19

1
camo1031.noc

20
21
22
23
24
25
26
27
28
2