Henderson v. Unknown

Filing 5

ORDER signed by Magistrate Judge Deborah Barnes on 12/3/2017 DENYIING without prejudice 1 Request for Court Order and GRANTING Plaintiff 30 days from the date of service to file a complaint and either the application to proceed IFP or the filing fee in the amount of $400.00. (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 WILLIAM MARTIN HENDERSON, 12 Plaintiff, 13 14 No. 2:17-cv-2121 DB P v. ORDER UNKNOWN, 15 Defendant. 16 Plaintiff, a state prisoner at California Health Care Facility, has filed a document styled 17 18 “Letter,” seeking a court order allowing him to be permanently held in single cell status. (See 19 ECF No. 1). No other pleadings have been filed by the plaintiff. In order to commence an action, plaintiff must file a complaint as required by Rule 3 of 20 21 the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an 22 application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). 23 The court will not issue any orders granting or denying relief until an action has been properly 24 commenced. Therefore, plaintiff’s motion will be denied without prejudice. Plaintiff will be 25 provided the opportunity to file his complaint and to submit an application requesting leave to 26 proceed in forma pauperis or to submit the appropriate filing fee. 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 October 12, 2017 request that the court order single cell status for him (ECF 3 No. 1) is denied without prejudice; 4 2. Plaintiff is granted thirty days from the date of service of this order to file a complaint 5 that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, 6 and the Local Rules of Practice. The complaint must bear the docket number assigned this case, 7 and plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, 8 within thirty days from the date of this order, the application to proceed in forma pauperis on the 9 form provided by the Clerk of Court, or the filing fee in the amount of $400.00.2 Plaintiff’s 10 failure to comply with this order will result in a recommendation that this matter be dismissed; 11 and 3. The Clerk of the Court is directed to send plaintiff: (1) the court’s form for filing a 12 13 civil rights action, and (2) the application to proceed in forma pauperis by a prisoner. 14 Dated: December 3, 2017 15 16 17 18 19 20 21 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/hend2121.nocompl 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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