Durden v. El Dorado County Sheriff Department et al

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 4/21/2014 GRANTING plaintiff's 6 motion to proceed IFP ; and plaintiff has 30 days to file a complaint, plaintiff's failure to comply will result in a recommendation that this action be dismissed. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY F. DURDEN, 12 13 14 15 16 17 No. 2:14-cv-0477 DAD P Plaintiff, v. ORDER EL DORADO COUNTY SHERIFF’S DEPARTMENT, Defendants. On March 3, 2014, this court ordered plaintiff to submit within thirty days an application 18 to proceed in forma pauperis or the filing fee. The court also ordered plaintiff to file within thirty 19 days a complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of 20 Civil Procedure, and the Local Rules of Practice. 21 Plaintiff has filed a motion to proceed in forma pauperis. A filing fee of $350.00 is 22 required to commence a civil action in a federal district court. 28 U.S.C. § 1914(a). The court 23 may authorize the commencement of an action without prepayment of fees or security therefor by 24 a litigant who submits an affidavit demonstrating inability to pay. 28 U.S.C. § 1915(a). The 25 undersigned finds that plaintiff’s in forma pauperis application makes the showing required by the 26 statute. Accordingly, the court will grant plaintiff’s request to proceed in forma pauperis. 27 28 Plaintiff has not, however, filed a complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Instead, 1 1 plaintiff has filed a document with the court styled as an “Affidavit.” Once more, the court is 2 unable to decipher what plaintiff is complaining about or what relief he is seeking in his 3 “Affidavit.” The court will grant plaintiff a final opportunity to file a proper complaint. In any 4 complaint plaintiff elects to file, he should identify any defendants by name and should clarify 5 what federal or constitutional right he believes each defendant has violated. Plaintiff must 6 support his claims with factual allegations about each defendant’s actions. 7 In accordance with the above, IT IS HEREBY ORDERED that: 8 1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 6) is granted; and 9 2. Plaintiff is granted thirty days from the date of service of this order to file a complaint 10 that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, 11 and the Local Rules of Practice. Plaintiff’s failure to comply with this order will result in a 12 recommendation that this action be dismissed. 13 Dated: April 21, 2014 14 15 16 DAD:9 durd0477.nocompl(2) 17 18 19 20 21 22 23 24 25 26 27 28 2

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