Blackman v. Lavaleur

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/15 ORDERING that the Clerk of the Court shall send to Mr. Blackman the form complaint and application for leave to proceed in forma pauperis used in this court; Within 30 days of the d ate of this order, Mr. Blackman 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. Blackman 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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TONY BLACKMAN,

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Plaintiff,

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No. 2:15-cv-1484-EFB P

v.

ORDER

K. LAVALEUR, et al.,

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Defendants.

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Tony Blackman is a state prisoner proceeding without counsel. This action was opened

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when he submitted to the court a one-page “Notice Due to 69 Defendants ‘Obstructing Justice,’”

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along with several attachments. ECF No. 1. Mr. Blackman has not property commenced a civil

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action.

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

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

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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. Blackman may draft his claims on the form complaint

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used by 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. Blackman must either pay the filing fee

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or comply with the requirements set forth in the in forma pauperis statute.

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Until Mr. Blackman 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.
Accordingly, it hereby is ORDERED that:
1. The Clerk of the Court shall send to Mr. Blackman the form complaint and application
for leave to proceed in forma pauperis used in this court;
2. Within 30 days of the date of this order, Mr. Blackman 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. Blackman 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 dismissal.

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DATED: July 22, 2015.

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