Jackson v. Beard et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/7/2014 ordering the Clerk to send plaintiff a complaint form and ifp application; within 30 days, plaintiff shall either pay the $400.00 filing fee or submit a complete ifp application; and within 30 days, plaintiff shall shall submit a complaint stating the nature of the action and his belief that he is entitled to redress. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALVIN JACKSON,

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No. 2:14-cv-2456-EFB P

Plaintiff,
v.

ORDER

JEFFREY A. BEARD, et al.,
Defendants.

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Calvin Jackson is a state prisoner proceeding without counsel. He has filed an unsigned

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complaint purporting to bring an action brought under 42 U.S.C. § 1983. He has not properly

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commenced a civil action.

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

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11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, written motion, and

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other paper . . . be signed by at least one attorney of record in the attorney’s name—or by a party

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personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). Because Mr. Jackson did not

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sign the complaint, it will be disregarded. Within thirty days, Mr. Jackson shall file a signed

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complaint. That complaint must identify all defendants in both the caption and the body, and

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clearly set forth the allegations against each individual defendant. Pursuant to Rule 8 of the

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Federal Rules of Civil Procedure, any complaint must include “a short and plain statement of the

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claim” showing entitlement to relief. Fed. R. Civ. P. 8(a)(2).
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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. Jackson 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. Jackson 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. Jackson 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. Jackson 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. Jackson 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 the case being closed.

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DATED: November 7, 2014.

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