Young v. Qureshi

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 1/14/16 ordering plaintiff's 12/28/15 request for preliminary injunctive relief 1 is denied. Plaintiff is granted 30 days from the date of service of this order to file a complaint. The clerk of the court is directed to send to plaintiff the court's form for filing a civil rights action and the application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY GEROME YOUNG,

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Plaintiff,

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No. 2:15-cv-2674 KJN P

v.

ORDER

MUHAMMAD QURESHI,

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Defendant.

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Plaintiff, a state prisoner at California Health Care Facility, has filed a document styled as

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a complaint, seeking preliminary injunctive relief. No other pleadings have been filed by the

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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 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 December 28, 2015, request for preliminary injunctive relief (ECF No. 1) is

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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; and
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: January 14, 2016

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youn2674.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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