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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON LEIGH MEFFORD,

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Plaintiff,

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No. 2:17-cv-1573-EFB P

v.

ORDER

DAVID BAUGHMAN,

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Defendant.

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Brandon Mefford is a state prisoner proceeding without counsel. This action was opened

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when he submitted to the court a filing entitled “Order to Show Cause for [A] Preliminary

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Injunction.” ECF No. 1. To properly commence a civil action, however, Mr. Mefford must file a

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complaint.1 See Fed. R. Civ. P. 3. In addition, he must pay the $400 filing fee required by 28

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U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust

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account statement required by 28 U.S.C. § 1915(a). Until Mr. Mefford submits a complaint and

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either pays the filing fee or meets the requirements of 28 U.S.C. § 1915(a), there simply is no

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case before the court.

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/////

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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.
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Accordingly, it hereby is ORDERED that:

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1. The Clerk of the Court shall send to Mr. Mefford the form complaint and application

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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

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the nature of the action and his belief that he is entitled to redress. Failure to comply with this

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order may result in this case being closed.

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DATED: August 2, 2017.

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