Hairston v. Phillips

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/2/15 ORDERING that Plaintiff's 3/13/15 filing 1 Prisoner Civil Rights Complaint will be DISCHARGED; and Plaintiff is GRANTED thirty days from the date of service of this order to file a complaint that complies with the requirements of the Civil Rights Act, the FRCP, and the Local Rules of Practice. The Clerk 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. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBEY KURT HAIRSTON,

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No. 2:15-cv-0581 KJM CKD P

Plaintiff,

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v.

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C. L. PHILLIPS,

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ORDER

Defendants.

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Plaintiff, a state prisoner at California Correctional Institution, has filed documents that

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fail to communicate what claims plaintiff wishes to assert or what relief he is seeking. No other

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pleadings have been filed by the plaintiff.
In order to commence an action, plaintiff must file a complaint as required by Rule 3 of

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the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an

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application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a).

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The court will not issue any orders granting or denying relief until an action has been properly

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commenced. Therefore, plaintiff’s motion will be denied without prejudice. Plaintiff will be

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provided the opportunity to file his complaint, and to submit an application requesting leave to

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proceed in forma pauperis or to submit the appropriate filing fee.

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If leave to file in 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 March 13, 2015 filing will be disregarded; and

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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. Plaintiff’s failure to

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comply with this order will result in a recommendation that this matter be dismissed; and

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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: April 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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