Scott v. California Health Care Facility

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/2018 ORDERING Plaintiff to file a complaint and either the filing fee of $400.00 or an application to proceed IFP within 30 days from the date of service of this order. (Henshaw, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 HOWARD SCOTT, 11 Plaintiff, 12 13 14 No. 2:18-cv-0635 CKD P v. ORDER CALIFORIA HEALTH CARE FACILITY, Defendant. 15 Plaintiff, a state prisoner at the California Health Care Facility, has submitted a letter 16 17 indicating he would like to file a civil matter in this court. In order to commence an action, 18 plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and 19 plaintiff must either pay the required filing fee or file an application requesting leave to proceed 20 in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders 21 granting or denying relief until an action has been properly commenced. Good cause appearing, 22 plaintiff will be provided the opportunity to file his complaint, and to submit an application 23 requesting leave to proceed in forma pauperis or to submit the appropriate filing fee. 24 ///// 25 ///// 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 is granted thirty days from the date of service of this order to file a complaint 3 that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, 4 and the Local Rules of Practice; the complaint must bear the docket number assigned this case. 5 Plaintiff shall also submit, within thirty days from the date of this order, the application to 6 proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the 7 amount of $400.00.2 Plaintiff’s failure to comply with this order will result in a recommendation 8 that this matter be dismissed. 2. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil 9 10 rights action, and the application to proceed in forma pauperis by a prisoner. 11 Dated: April 10, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 1/kly scot0635.Nocompl 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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