Polito v. Unknown

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/4/2016 GRANTING plaintiff 30 days to file a complaint. Plaintiff shall also submit, within 30 days, the application to proceed ifp or the fee amount of $400.00. The Clerk shall send plaintiff the court's form for filing a civil rights action, and an ifp application.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARMEN POLITO,

12

Plaintiff,

13
14

No. 2:16-cv-0431 CKD P

v.

ORDER

UNKNOWN,

15

Defendant.

16
Plaintiff, a state prisoner, has filed a letter in which he complains about conditions of

17
18

confinement. No pleadings have been filed. In order to commence an action, plaintiff must file a

19

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

20

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

21

See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief

22

until an action has been properly commenced.

23

Good cause appearing, IT IS HEREBY ORDERED that:

24

1. Plaintiff is granted thirty days to file a complaint that complies with the requirements

25

of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice.

26

The complaint must bear the docket number assigned this case.

27
28

1

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.
1

1

2. Plaintiff shall also submit, within thirty days, the application to proceed in forma

2

pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $400.00.2

3

Plaintiff’s failure to comply with this order will result in dismissal.
3. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil

4
5

rights action, and the application to proceed in forma pauperis by a prisoner.

6

Dated: March 4, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11

1/mp
poli0431.noc

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

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.
2