Hoffmann v. Corning Police Department

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/14 ORDERING that Plaintiffs letter 1 is denied without prejudice; Plaintiff is granted 30 days from the date of service of this order to file a complaint that complies with the requirem ents. Plaintiff shall also submit, within 30 days from the date of this order, the application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $400.00. The 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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ROBIN HOFFMAN,

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Plaintiff,

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No. 2:14-cv-2736 KJN P

v.

ORDER

CORNING POLICE DEPARTMENT,

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Defendant.

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Plaintiff, a county prisoner at West Valley Detention Center, has filed a document styled

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as a “letter,” seeking to file a lawsuit regarding medical injuries against the Corning, California,

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police department. No other pleadings have been filed by the plaintiff. In order to commence an

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

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Procedure, and plaintiff must either pay the required filing fee or file an application requesting

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

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any orders granting or denying relief until an action has been properly commenced. Therefore,

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plaintiff’s motion will be denied without prejudice. Plaintiff will be provided the opportunity to

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file his complaint, and to submit an application requesting leave to proceed in forma pauperis or

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to submit the appropriate filing fee.

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

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1. Plaintiff’s letter (ECF No. 1) is denied 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 $400.00.2 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: December 2, 2014

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/hoff2736.noc

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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.
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