Nelson

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/28/2018 ORDERING Plaintiff to file a complaint and application to proceed IFP within 30 days. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DEWAYNE NELSON,

12

Plaintiff,

13

v.

No. 2:18-cv-0344 CKD P

ORDER

14
15
Mr. Nelson has submitted a letter complaining about conditions of confinement at the

16
17

California Health Care Facility in Stockton. No pleadings have been filed. In order to commence

18

an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil

19

Procedure, and plaintiff must either pay the required filing fee or file an application requesting

20

leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue

21

any orders granting or denying relief until an action has been properly commenced. Plaintiff will

22

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

23

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

24

In accordance with the above, IT IS HEREBY ORDERED that:

25

1. Plaintiff is granted thirty days to file a complaint that complies with the requirements

26
27
28

of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the
1

If leave to proceed 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

complaint must bear the docket number assigned this case. Plaintiff shall also submit, within

2

thirty days, the application to proceed in forma pauperis on the form provided by the Clerk of

3

Court, or the filing fee in the amount of $400.00.2 Plaintiff’s failure to comply with this order

4

will result in a recommendation that this matter be dismissed; and
2. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil

5
6

rights action, and the application to proceed in forma pauperis by a prisoner.

7

Dated: February 28, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12

1/mp
nels0344.no complaint

13
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