Rice v. McCord et al

Filing 6

ORDER signed by Magistrate Judge Craig M. Kellison on 10/28/16 denying 2 Motion to Proceed IFP. Plaintiff shall submit on the form provided by the Clerk of the Court within 30 days from the date of this order, a proper application for leave to pro ceed in forma pauperis, or the appropriate filing fee. The clerk of the court is directed to send plaintiff a new form application to proceed in forma pauperis by a prisoner. Plaintiff's motion for leave to amend 5 is denied as unnecessary. Plaintiff may file an amended complaint within 30 days of the date of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KORDY RICE,

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No. 2:16-cv-0562-CMK-P

Plaintiff,
vs.

ORDER

R. McCORD, et. al.,
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to proceed in forma

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pauperis (Doc. 2) and motion for leave to file an amended compliant (Doc. 5).

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Plaintiff filed his motion for leave to proceed in forma pauperis on the wrong

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form. Thus, he has not filed a complete application to proceed in forma pauperis, along with a

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certified copy of his trust account statement for the six-month period immediately preceding the

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filing of the complaint, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a), (a)(2).

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Plaintiff will be provided the opportunity to submit either a proper application to proceed in

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forma pauperis or the appropriate filing fee. Plaintiff is warned that failure to resolve the fee

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status of this case within the time provided may result in the dismissal of this action for lack of
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prosecution and failure to comply with court rules and orders. See Local Rule 110.

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As to plaintiff’s motion to file an amended complaint, Federal Rule of Civil

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Procedure 15(a)(1) provides that a party may amend his pleading once as a matter of right at any

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time before being served with a responsive pleading. In this case, no responsive pleading has

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been served. Therefore, plaintiff’s motion is denied as unnecessary. If plaintiff decides to file an

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amended complaint, he may do so within 30 days of the date of this order. Otherwise, the court

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will proceed with screening of his original complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion to proceed in forma pauperis (Doc. 2) is denied as

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Plaintiff shall submit on the form provided by the Clerk of the Court,

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incomplete;

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within 30 days from the date of this order, a proper application for leave to proceed in forma

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pauperis, or the appropriate filing fee;

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3.

to Proceed In Forma Pauperis By a Prisoner;

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4.

Plaintiff’s motion for leave to amend (Doc. 5) is denied as unnecessary;

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Plaintiff may file an amended complaint within 30 days of the date of this

and

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The Clerk of the Court is directed to send plaintiff a new form Application

order.

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DATED: October 28, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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