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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 Plaintiff, 13 14 No. 2:17-cv-1870 AC P v. ORDER SACRAMENTO COUNTY JAIL, 15 Defendant. 16 17 Plaintiff, a county prisoner at Sacramento County Jail, has filed a document styled as a 18 request for an attorney and a restraining order. No other pleadings have been filed by plaintiff. 19 In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the 20 Federal Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an 21 application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). 22 The court will not issue any orders granting or denying relief until an action has been properly 23 commenced. Therefore, plaintiff’s requests will be denied without prejudice. Plaintiff will be 24 provided the opportunity to file his complaint, and to submit an application requesting leave to 25 proceed in forma pauperis or to submit the appropriate filing fee. 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 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s requests for an attorney and a restraining order, ECF No. 1, are denied 3 without prejudice. 4 2. Plaintiff is granted thirty days after service of this order to file a complaint that 5 complies with the requirements of the Federal Rules of Civil Procedure and the Local Rules of 6 Practice; the complaint must bear the docket number assigned this case. Plaintiff shall also 7 submit, within thirty days, a completed 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 9 10 3. Plaintiff’s failure to comply with this order will result in a recommendation that this matter be dismissed. 11 4. The Clerk of the Court is directed to send plaintiff the court’s forms for filing a civil 12 rights complaint and an application to proceed in forma pauperis by a prisoner. 13 DATED: September 14, 2017 14 15 16 17 18 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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