Canada v. Sullivan

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/2014 ORDERING Mr. Canada to submit a complaint and IFP/filing fee within 30 days of the date of this order. Clerk is DIRECTED to send Mr. Canada complaint and IFP forms. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

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Plaintiff,

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v.

No. 2:14-cv-1716-EFB P

ORDER

UNKNOWN,
Defendant.

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Ronald Lee Canada is a state prisoner proceeding without counsel. This action was

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opened when he filed a letter directed to United States District Judge Lawrence K. Karlton and

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titled it a “Complaint.” ECF No. 1. He has not, however, properly commenced a civil action.

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A complaint is necessary for the commencement of a civil action. Fed. R. Civ. P. 3. A

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complaint must contain a short and plain statement of the plaintiff’s claim, showing that he is

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entitled to relief. Fed. R. Civ. P. 8. It must also contain a caption including the names of all

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defendants. Fed. R. Civ. P. 10(a). Mr. Canada may draft his intended claims for relief and

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identify the intended defendant or defendants on the form complaint used by this court.

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In addition, a plaintiff must pay the $400 filing fee required by 28 U.S.C. § 1914(a) or

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request leave to proceed in forma pauperis and submit the affidavit and trust account statement

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required by 28 U.S.C. § 1915(a). Section 1915(a)(2) requires “a prisoner seeking to bring a civil

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action without prepayment of fees or security therefor, in addition to filing the affidavit filed
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under paragraph (1), shall submit a certified copy of the trust fund account statement (or

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institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing

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of the complaint . . . , obtained from the appropriate official of each prison at which the prisoner

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is or was confined.” To proceed with a civil action, Mr. Canada must either pay the filing fee or

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comply with the requirements set forth in the in forma pauperis statute.

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Until Mr. Canada submits a complaint and either pays the filing fee or meets the
requirements of 28 U.S.C. § 1915(a), there simply is no case before the court.

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Accordingly, it hereby is ORDERED that:

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1. The Clerk of the Court shall send to Mr. Canada the form complaint and application for

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leave to proceed in forma pauperis used in this court;
2. Within 30 days of the date of this order, Mr. Canada shall either pay the $400 filing fee
or submit a complete application for leave to proceed in forma pauperis; and
3. Within 30 days of the date of this order, Mr. Canada shall submit a complaint stating

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the nature of the action and his belief that he is entitled to redress. Failure to comply with this

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order may result in this case being closed.

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DATED: July 28, 2014.

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