Canada v. De Fazio

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/27/14 ORDERING that Plaintiff's May 16, 2014 letter 1 is DISMISSED without prejudice; Plaintiff is granted 30 days from the date of service of this order to file a complaint; Plain tiff shall also submit, within 30 days from the date of this order, the application to proceed in forma pauperis, or the filing fee in the amount of $350.00. Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD CANADA,

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Plaintiff,

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No. 2:14-cv-1208 CKD P

v.

ORDER

OFFICER DE FAZIO,

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Defendant.

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Plaintiff, a state prisoner at California State Prison, Sacramento, has filed a document

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styled “letter,” notifying the court that his food is being withheld. No other pleadings have been

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filed by the plaintiff. In order to commence an action, plaintiff must file a complaint as required

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by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing

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fee or file an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§

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1914(a), 1915(a). The court will not issue any orders granting or denying relief until an action

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has been properly 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 an application

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

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If leave to file an 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 May 16, 2014 letter (ECF No. 1) is dismissed 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
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: May 27, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
cana1208.Nocompl

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