(PC)Flores v. Unknown

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/14/2020 DENYIING without prejudice 1 Letter and GRANTING Plaintiff 30 days from the date of service of this order to file a complaint and submit either the application to proceed IFP on the form provided by the Clerk 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 SANTOS RENE FLORES, 12 Plaintiff, 13 v. 14 No. 2:20-cv-1804 CKD P ORDER UNKNOWN, 15 Defendant. 16 Plaintiff, a state prisoner at California State Prison, Sacramento, has filed a document 17 18 styled as a letter seeking protection. No other pleadings have been filed by the plaintiff. In order 19 to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules 20 of Civil Procedure, and plaintiff must either pay the required filing fee or file an application 21 requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court 22 will not issue any orders granting or denying relief until an action has been properly commenced. 23 Therefore, plaintiff’s motion will be denied without prejudice. Plaintiff will be provided the 24 opportunity to file his complaint, and to submit an application requesting leave to proceed in 25 forma pauperis or to submit the appropriate filing fee. 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’s letter (ECF No. 1) is denied without prejudice; 3 2. Plaintiff is granted thirty days from the date of service of this order to file a complaint 4 that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, 5 and the Local Rules of Practice; the complaint must bear the docket number assigned this case; 6 plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, within 7 thirty days from the date of this order, the application to proceed in forma pauperis on the form 8 provided by the Clerk of Court, or the filing fee in the amount of $400.00.2 Plaintiff’s failure to 9 comply with this order will result in a recommendation that this matter be dismissed; and 3. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil 10 11 rights action, and the application to proceed in forma pauperis by a prisoner. 12 Dated: September 14, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 18/mp.flor1804.no complaint 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

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