Connor v. State of CA

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/13 ORDERING that Plaintiff is granted 30 days from the date of service of this order to file a complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner.(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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THYRONE CONNOR,

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Plaintiff,

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vs.

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No. 2:13-cv-1108 KJN P

STATE OF CA,

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Defendant.

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ORDER
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Plaintiff, a state prisoner at California State Prison, Sacramento, filed a letter with

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

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

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plaintiff must either pay the required $350.00 filing fee and $50.00 administrative fee or file an

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application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a).

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The court will not issue any orders granting or denying relief until an action has been properly

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

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

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proceed in forma pauperis or to submit the appropriate filing and administrative fees.

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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. 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 and administrative fees.

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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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2. 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: June 10, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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conn1108.nocompl

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