Mefford v. Baughman

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/2017 ORDERING Plaintiff, within 30 days of the date of this order, to submit a complaint and either the $400 filing fee or a completed application to proceed IFP. (Henshaw, R)

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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 BRANDON LEIGH MEFFORD, 12 Plaintiff, 13 14 No. 2:17-cv-1573-EFB P v. ORDER DAVID BAUGHMAN, 15 Defendant. 16 Brandon Mefford is a state prisoner proceeding without counsel. This action was opened 17 18 when he submitted to the court a filing entitled “Order to Show Cause for [A] Preliminary 19 Injunction.” ECF No. 1. To properly commence a civil action, however, Mr. Mefford must file a 20 complaint.1 See Fed. R. Civ. P. 3. In addition, he must pay the $400 filing fee required by 28 21 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust 22 account statement required by 28 U.S.C. § 1915(a). Until Mr. Mefford submits a complaint and 23 either pays the filing fee or meets the requirements of 28 U.S.C. § 1915(a), there simply is no 24 case before the court. 25 ///// 26 27 28 1 A complaint must contain a short and plain statement of the plaintiff’s claim, showing that he is entitled to relief. Fed. R. Civ. P. 8. It must also contain a caption including the names of all defendants. Fed. R. Civ. P. 10(a). Mr. Mefford may draft his claims on the form complaint used by this court. 1 1 Accordingly, it hereby is ORDERED that: 2 1. The Clerk of the Court shall send to Mr. Mefford the form complaint and application 3 4 5 6 for leave to proceed in forma pauperis used in this court; 2. Within 30 days of the date of this order, Mr. Mefford shall either pay the $400 filing fee or submit a complete application for leave to proceed in forma pauperis; and 3. Within 30 days of the date of this order, Mr. Mefford shall submit a complaint stating 7 the nature of the action and his belief that he is entitled to redress. Failure to comply with this 8 order may result in this case being closed. 9 DATED: August 2, 2017. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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