Turner v. Cate et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/10/2017 DENYING without prejudice plaintiff's 1 motion. Plaintiff is GRANTED 30 days to file a complaint. Plaintiff shall also submit, within 30 days, an ifp application or the fee in the amount of $400.00. The Clerk shall send plaintiff the forms for filing a civil rights action and the application to proceed ifp. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,

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No. 2:17-cv-0005 CKD P

v.

ORDER

MATHEW CATE, et al.,

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Defendants.

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Plaintiff, a state prisoner at Salinas Valley State Prison, has filed a document styled as a

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motion for equitable tolling and leave for late filing of civil rights complaint. No other pleadings

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have been filed by the plaintiff. 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.

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/////

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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 motion (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; 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 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp
turn0005.nocomplaint

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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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