Horton v. Siskiyou County Jail

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 7/24/15 ORDERING that Plaintiff's July 13, 2015 request (ECF No. 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 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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MARCUS D. HORTON,

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No. 2:15-cv-1503 DAD P

Plaintiff,

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v.

ORDER

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SISKIYOU COUNTY JAIL,

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Defendant.

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Plaintiff, an inmate at Siskiyou County Jail, has filed a document with the court in the

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form of a letter seeking the court’s assistance with alleged civil rights violations. Plaintiff has not

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filed any other pleadings. In order to commence an action, plaintiff must file a complaint as

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required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay the

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required filing fee or file an application requesting leave to proceed in forma pauperis.1 See 28

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U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief until

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an action has been properly commenced. Therefore, plaintiff’s motion will be denied without

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prejudice. Plaintiff will be provided the opportunity to file his complaint, and to submit an

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application requesting leave to proceed in forma pauperis or to submit the appropriate filing fee.
In accordance with the above, IT IS HEREBY ORDERED that:

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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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1. Plaintiff’s July 13, 2015 request (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.
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: July 24, 2015

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DAD:10/kly
hort1503.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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