Canada v. Macomber et al

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 01/13/17 ORDERING that plaintiff's 1 Motion for TRO is DENIED without prejudice; plaintiff has 30 days to file a complaint that complies with the requirements of the Civil Rights Act, the FRCP, and the Local Rules; and the application to proceed in forma pauperis or the $400 filing fee. Clerk shall send plaintiff the court's form for filing a civil rights action and the IFP application. (Benson, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD LEE CANADA, 12 Plaintiff, 13 14 v. No. 2:17-cv-0066 DB P ORDER MACOMBER, et al., 15 Defendants. 16 Plaintiff, a state prisoner at California State Prison, Sacramento, has filed a document 17 18 requesting a temporary restraining order. No other pleadings have been filed by the plaintiff. In 19 order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal 20 Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an application 21 requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court 22 will not issue any orders granting or denying relief until an action has been properly commenced. 23 Therefore, plaintiff’s motion will be denied without prejudice. Plaintiff will be provided the 24 opportunity to file his complaint, and to submit an application requesting leave to proceed in 25 forma pauperis or to submit the appropriate filing fee. In accordance with the above, IT IS HEREBY ORDERED that: 26 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. Plaintiff’s January 4, 2017, request for a temporary restraining order (ECF No. 1) is 1 2 denied without prejudice; 3 2. Plaintiff is granted thirty days from the date of service of this order to file a complaint 4 that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, 5 and the Local Rules of Practice; the complaint must bear the docket number assigned this case; 6 plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, within 7 thirty days from the date of this order, the application to proceed in forma pauperis on the form 8 provided by the Clerk of Court, or the filing fee in the amount of $400.00.2 Plaintiff’s failure to 9 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 10 11 rights action, and the application to proceed in forma pauperis by a prisoner. 12 Dated: January 13, 2017 13 14 15 16 17 18 DLB:9 DLB1/prisoner-civil rights/cana0066.Nocompl 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

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