Humes v. Sacramento County Jail

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 9/14/2017 DENYING without prejudice plaintiff's 1 requests for an attorney and a restraining order, and GRANTING plaintiff 30 days to file a complaint in accordance with this order. Plaintiff shall also submit, within 30 days, a completed ifp application or the $400 fee. The Clerk shall send plaintiff the court's forms for filing a civil rights complaint and an 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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JON HUMES,

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Plaintiff,

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No. 2:17-cv-1870 AC P

v.

ORDER

SACRAMENTO COUNTY JAIL,

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Defendant.

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Plaintiff, a county prisoner at Sacramento County Jail, has filed a document styled as a

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request for an attorney and a restraining order. No other pleadings have been filed by plaintiff.

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

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

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

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The court will not issue any orders granting or denying relief until an action has been properly

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commenced. Therefore, plaintiff’s requests will be denied without prejudice. Plaintiff will be

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provided the opportunity to file his complaint, and to submit an application requesting leave to

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proceed in forma pauperis or to submit the appropriate filing fee.

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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 requests for an attorney and a restraining order, ECF No. 1, are denied

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without prejudice.

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2. Plaintiff is granted thirty days after service of this order to file a complaint that

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complies with the requirements of the Federal Rules of Civil Procedure and the Local Rules of

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Practice; the complaint must bear the docket number assigned this case. Plaintiff shall also

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submit, within thirty days, a completed 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

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3. Plaintiff’s failure to comply with this order will result in a recommendation that this
matter be dismissed.

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4. The Clerk of the Court is directed to send plaintiff the court’s forms for filing a civil

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rights complaint and an application to proceed in forma pauperis by a prisoner.

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DATED: September 14, 2017

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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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