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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD SCOTT,

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Plaintiff,

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No. 2:18-cv-0635 CKD P

v.

ORDER

CALIFORIA HEALTH CARE
FACILITY,
Defendant.

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Plaintiff, a state prisoner at the California Health Care Facility, has submitted a letter

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indicating he would like to file a civil matter in this court. In order to commence an action,

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

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plaintiff must either pay the required filing fee or file an application requesting leave to proceed

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

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granting or denying relief until an action has been properly commenced. Good cause appearing,

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plaintiff will be provided the opportunity to file his complaint, and to submit an application

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requesting leave to 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 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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Plaintiff shall also submit, within thirty days from the date of this order, the application to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the

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amount of $400.00.2 Plaintiff’s failure to comply with this order will result in a recommendation

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

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

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Dated: April 10, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly
scot0635.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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