Lorenzana v. Thompson

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/14/14 ORDERING that the Clerk of the Court shall send to Mr. Lorenzana the form complaint and application for leave to proceed in forma pauperis used in this court. Within 30 days of the date of this order, Mr. Lorenzana shall either pay the $400 filing fee or submit a complete application for leave to proceed in forma pauperis; and within 30 days of the date of this order, Mr. Lorenzana shall submit a complaint stating the nature of the action and his belief that he is entitled to redress. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADRIAN LORENZANA,

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No. 2:14-cv-2127-EFB P

Plaintiff,
v.

ORDER

UNKNOWN,

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Defendant.

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Adrian Lorenzana is a county inmate proceeding without counsel. He has filed a request

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for a form complaint used by prisoners in actions filed under 42 U.S.C. § 1983. ECF No. 1. He

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has not 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. Lorenzana may draft his claims on the form complaint

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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. Lorenzana must either pay the filing fee

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

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Until Mr. Lorenzana 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. Lorenzana the form complaint and application

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

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3. Within 30 days of the date of this order, Mr. Lorenzana shall submit a complaint

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

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this order may result in dismissal.

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DATED: October 14, 2014.

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