Dixon v. CA Medical Facility

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/15/15 ORDERING that the Clerk of the Court shall send to Mr. Dixon 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. Dixon 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. Dixon 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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BOBBY DIXON,

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No. 2:15-cv-1464-EFB P
Plaintiff,

v.

ORDER

CA MEDICAL FACILITY,

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Defendant.

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Bobby Dixon is a state prisoner proceeding without counsel. This action was opened on

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November 19, 2013, when he submitted to the court a letter addressed to the Honorable Thelton

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E. Henderson regarding prison conditions. ECF No. 1.

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On July 8, 2015, before transferring the action to this court, the United States District

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Court for the Northern District of California informed Mr. Dixon that if he wished to pursue this

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action (based upon his conditions of confinement at the California Medical Facility), he must file

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a proper complaint and in forma pauperis application. ECF No. 9.

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Indeed, a complaint is necessary for the commencement of a civil action. Fed. R. Civ. P.

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3. A complaint must contain a short and plain statement of the plaintiff’s claim, showing that he

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is 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. Dixon may draft his claims on the form complaint used by

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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. Dixon 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. Dixon 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. Dixon the form complaint and application for

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leave to proceed in forma pauperis used in this court;
2. Within 30 days of the date of this order, Mr. Dixon 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. Dixon shall submit a complaint stating the

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

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may result in dismissal.

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DATED: July 15, 2015.

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