Bassett v. Unknown

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 12/19/13 ordering plaintiff is granted 30 days from the date of service of this order to file a complaint. The clerk of the court is directed to send plaintiff the court's form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD DEWAYNE BASSETT,

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Plaintiff,

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No. 2:13-cv-2547 DAD P

v.

ORDER

UNKNOWN,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a letter with the court claiming that

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his life is in imminent danger. However, in his letter he provides no specific allegations as to

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why he believes this, and he has not filed any other pleadings with the court. Out an abundance

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of caution, the Clerk of the Court has opened a civil rights action in response to plaintiff’s letter

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and has assigned it a case number.
In order to commence an action, plaintiff must file a complaint as required by Rule 3 of

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the Federal Rules of Civil Procedure, and must either pay the required filing 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. Plaintiff will be provided the opportunity to file a complaint, and to submit an

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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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application requesting leave to proceed in forma pauperis or to submit the appropriate filing fee.

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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 complaint

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

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

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Plaintiff shall also submit, within thirty days from the date of this order, the application to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the

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amount of $350.00. Plaintiff’s failure to comply with this order will result in a recommendation

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that this matter be dismissed; and

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

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

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Dated: December 19, 2013

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DAD:9:md
bass2547.nocompl

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