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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

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Plaintiff,

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v.

No. 2:17-cv-0066 DB P

ORDER

MACOMBER, et al.,

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Defendants.

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Plaintiff, a state prisoner at California State Prison, Sacramento, has filed a document

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requesting a temporary restraining order. No other pleadings have been filed by the plaintiff. In

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order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal

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Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an application

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requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court

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will not issue any orders granting or denying relief until an action has been properly commenced.

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Therefore, plaintiff’s motion will be denied without prejudice. Plaintiff will be provided the

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opportunity to file his complaint, and to submit an application requesting leave to proceed in

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forma pauperis or to submit the appropriate filing fee.
In accordance with the above, IT IS HEREBY ORDERED that:

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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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1. Plaintiff’s January 4, 2017, request for a temporary restraining order (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 13, 2017

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DLB:9
DLB1/prisoner-civil rights/cana0066.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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