Truschke v. Flynn et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/9/2013 DIRECTING the Clerk to send plaintiff an ifp form and a form for filing a civil rights action; plaintiff has 30 days to submit either the filing fee or the application required by § 1915(a); and plantiff has 30 days to submit a complaint.(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 EDWARD TRUSCHKE. JR.,

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Plaintiff,

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vs.

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No. 2:13-cv-1255 EFB P

D. FLYNN, et al.,
Defendants.

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ORDER
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Plaintiff is a county inmate 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.
To proceed with a civil action a plaintiff must pay the $400 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.
In addition, plaintiff must submit a proper complaint. Plaintiff has filed the first page of

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the prisoner civil rights form complaint, but he has not signed it or included a short and plain

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statement of his claim.1 See Dckt. No. 1. Rule 11 of the Federal Rules of Civil Procedure

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requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one

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attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.”

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Fed. R. Civ. P. 11(a). Rule 8 requires that a complaint include “a short and plain statement of

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the claim” showing entitlement to relief. Fed. R. Civ. P. 8(a)(2). To properly commence a civil

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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
requirements of 28 U.S.C. § 1915(a), there simply is no case before the court.
Accordingly, IT IS HEREBY ORDERED that:
1. 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.
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 may result in this action being dismissed.

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DATED: July 9, 2013.

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Instead, plaintiff has filed a copy of a California Government Claims Form and a onepage letter addressed “to whom it may concern.” See Dckt. No. 1.
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