Ashanti v. Obama et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 07/23/14 ordering plaintiff is granted 30 days from the date of this order to file a complaint. The clerk of the court is directed to send plaintiff the form for filing a civil rights action and application to proceed in forma pauperis by a prisoner. Plaintiff's pleading filed 07/11/14 1 is disregarded. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ASKIA ASHANTI,

12

Plaintiff,

13
14

No. 2: 14-cv-1644 KJN P

v.

ORDER

BARACK OBAMA, et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding without counsel, has filed a pleading with the court.

17
18

(ECF No. 1.) This document is not filed on a complaint or a habeas corpus form. Plaintiff

19

requests that the court direct the FBI to investigate prison mailroom personnel in relation to false

20

allegations against plaintiff regarding drug trafficking.
No other pleadings have been filed by the plaintiff. In order to commence an action,

21
22

plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and

23

plaintiff must either pay the required filing fee or file an application requesting leave to proceed

24

in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders

25

granting or denying relief until an action has been properly commenced. Therefore, plaintiff’s

26

pleading filed July 11, 2014 is disregarded. Because it appears that plaintiff intends to bring a

27
28

1

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.
1

1

civil rights action, plaintiff will be provided the opportunity to file his complaint, and to submit

2

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

3

fee.

4

In accordance with the above, IT IS HEREBY ORDERED that:

5

1. Plaintiff is granted thirty days from the date of service of this order to file a complaint

6

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

7

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

8

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

9

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

10

provided by the Clerk of Court, or the filing fee in the amount of $400.00.2 Plaintiff’s failure to

11

comply with this order will result in a recommendation that this matter be dismissed; and
2. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil

12
13

rights action, and the application to proceed in forma pauperis by a prisoner.
3. Plaintiff’s pleading filed July 11, 2014 (ECF No. 1) is disregarded.

14
15

Dated: July 23, 2014

16
17

Ash1644.noc

18
19
20
21
22
23
24
25
26
27
28

2

The $400.00 is comprised of the $350.00 filing fee and a $50.00 administrative fee. If plaintiff
is granted leave to proceed in forma pauperis, plaintiff is not required to pay the $50.00
administrative fee.
2