Rowland v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2014 ORDERING 1 Plaintiff's 3/21/2014 request is DENIED without prejudice; 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 FRCP and the Local Rules of Practice; 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 ifp by a prisoner. (Attachments: # 1 Prisoner Civil Rights Form)(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH ROWLAND,

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Plaintiff,

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No. 2:14-cv-0739 KJN P

v.

ORDER

UNKNOWN,

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Defendants.

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Plaintiff, a state prisoner at Deuel Vocational Institution, has filed a document styled

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“request for assistance.” No other pleadings have been filed by the plaintiff. In order to

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commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of

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Civil Procedure, and plaintiff must either pay the required filing fee or file an application

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

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will not issue any orders granting or denying relief until an action has been properly commenced.

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

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opportunity to file his complaint, and to submit an application requesting leave to proceed in

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forma pauperis or to submit the appropriate filing fee.

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If leave to file in 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’s March 21, 2014 request is denied without prejudice;

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2. 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 must file an original and two copies of the complaint. Plaintiff shall also submit, within

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thirty days from the date of this order, the application to proceed in forma pauperis on the form

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provided by the Clerk of Court, or the filing fee in the amount of $350.00. Plaintiff’s failure to

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comply with this order will result in a recommendation that this matter be dismissed; and

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3. 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: April 2, 2014

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/rowl0739.noc

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