Valencia v. Barns

Filing 10

ORDER signed by Magistrate Judge Craig M. Kellison on 4/10/2014 DENYING, without prejudice, plaintiff's 1 motion for TRO; plaintiff shall file a complaint within 30 days; plaintiff shall further submit, within 30 days, a complete ifp application with a certified trust account statement, or the appropriate filing fee; and the Clerk shall send plaintiff an ifp form and a form for filing a civil rights action. (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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EDWIN VALENCIA,

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Plaintiff,

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No. 2:13-cv-2068-CMK-P

vs.

ORDER

RON BARNS,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, initiated this action by filing a motion for a

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temporary restraining order and a preliminary injunction. 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.

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Further, plaintiff has not filed a complete application to proceed in forma pauperis, along with a

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certified copy of his trust account statement for the six-month period immediately preceding the

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filing of the complaint, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a), (a)(2).

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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.

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Plaintiff will be provided the opportunity to file his complaint, and to submit

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either a completed application to proceed in forma pauperis or the appropriate filing fee.

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Plaintiff is warned that failure to file an appropriate complaint and resolve the fee status of this

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case within the time provided may result in the dismissal of this action for lack of prosecution

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and failure to comply with court rules and orders. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for a temporary restraining order (Doc. 1) is denied

without prejudice;

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2.

Plaintiff shall file a complaint that complies with the requirements of the

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Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules within thirty days of

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the date of this order;

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3.

Plaintiff shall further submit on the form provided by the Clerk of the

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Court, within 30 days from the date of this order, a complete application for leave to proceed in

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forma pauperis, with the required certified copy of his trust account statement, or the appropriate

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filing fee; and

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4.

The Clerk of the Court is directed to send plaintiff a new form Application

to Proceed In Forma Pauperis By a Prisoner and the court’s form for filing a civil rights action.

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DATED: April 10, 2014
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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