Womack v. Perry

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 10/1/2015 DENYING without prejudice plaintiff's 1 motion for preliminary injunctive relief. Plaintiff is GRANTED 30 days to file a complaint, and the Clerk shall send plaintiff the court's form for filing a civil rights action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY WOMACK,

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Plaintiff,

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No. 2:15-cv-1858 DAD P

v.

ORDER

WARDEN PERRY,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed a defective motion for preliminary

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injunctive relief in which he seeks a court order prohibiting High Desert State Prison Warden

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Perry from denying Muslims their right to practice their religion. See Local Rule 231(d).

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Plaintiff has also submitted an application to proceed in forma pauperis. See 28 U.S.C. §§

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1914(a), 1915(a).
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. The court will not issue any orders granting or denying

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relief until an action has been properly commenced. Therefore, plaintiff’s motion for preliminary

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injunctive relief will be denied without prejudice. The court will provide plaintiff with an

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opportunity to file his complaint.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for preliminary injunctive relief (Doc. No. 1) is denied without

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prejudice;
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’s failure to comply with this order will result in a recommendation that this matter be

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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 by a prisoner.

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Dated: October 1, 2015

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DAD:9:kly
woma1858.nocompl

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