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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM MARTIN HENDERSON,

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Plaintiff,

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No. 2:17-cv-2121 DB P

v.

ORDER

UNKNOWN,

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Defendant.

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Plaintiff, a state prisoner at California Health Care Facility, has filed a document styled

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“Letter,” seeking a court order allowing him to be permanently held in single cell status. (See

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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

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the 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 motion 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 October 12, 2017 request that the court order single cell status for him (ECF

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No. 1) is denied without prejudice;

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2. Plaintiff is granted thirty days from the date of service of this order to file a complaint

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that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure,

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and the Local Rules of Practice. The complaint must bear the docket number assigned this case,

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and plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit,

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within thirty days from the date of this order, the application to proceed in forma pauperis on the

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form provided by the Clerk of Court, or the filing fee in the amount of $400.00.2 Plaintiff’s

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failure to comply with this order will result in a recommendation that this matter be dismissed;

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and
3. The Clerk of the Court is directed to send plaintiff: (1) the court’s form for filing a

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civil rights action, and (2) the application to proceed in forma pauperis by a prisoner.

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Dated: December 3, 2017

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/hend2121.nocompl

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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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