Green v. unknown

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/24/15 ORDERING that Plaintiffs February 19, 2015 letter is denied without prejudice; Plaintiff is granted thirty days from the date of service of this order to file a complaint that complies with the requirements; 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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VENCIL C. GREEN,

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Plaintiff,

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No. 2:15-cv-0397 CKD P

v.

ORDER

UNKNOWN,

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Defendant.

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Plaintiff, a state prisoner at California State Prison, Sacramento, has filed a letter with the

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court. No other pleadings have been filed by the plaintiff. In order to commence an action,

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

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

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

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

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motion will be denied without prejudice. Plaintiff will be provided the opportunity to file his

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

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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 February 19, 2015 letter 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: February 24, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/md; gree0397.Nocompl

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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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