Tholmer
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/16/2020 ORDERING Clerk to send Mr. Tholmer a form complaint and application for leave to proceed in forma pauperis used in this court; ORDERING Mr. Thomer to either pay the $400 filing fee or submit a complete application for leave to proceed in forma pauperis within 30 days from the date of service of this order; and ORDERING Mr. Tholmer to submit a complaint 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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LIONELL THOLMER,
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No. 2:20-cv-1977-EFB P
Plaintiff,
v.
ORDER
UNKNOWN,
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Defendant.
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Lionell Tholmer is a state prisoner proceeding without counsel. This action was opened
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when he submitted to the court a letter to a district judge followed by a sworn declaration. ECF
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Nos. 1 & 5. The letter suggests an attempt to, but has not properly commenced a civil action.
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A complaint is necessary for the commencement of a civil action. Fed. R. Civ. P. 3. A
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complaint must contain a short and plain statement of the plaintiff’s claim, showing that he is
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entitled to relief. Fed. R. Civ. P. 8. It must also contain a caption including the names of all
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defendants. Fed. R. Civ. P. 10(a). Mr. Tholmer may draft his claims on the form complaint used
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by this court.
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In addition, a plaintiff must pay the $400 filing fee required by 28 U.S.C. § 1914(a) or
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request leave to proceed in forma pauperis and submit the affidavit and trust account statement
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required by 28 U.S.C. § 1915(a). Section 1915(a)(2) requires “a prisoner seeking to bring a civil
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action without prepayment of fees or security therefor, in addition to filing the affidavit filed
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under paragraph (1), shall submit a certified copy of the trust fund account statement (or
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institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing
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of the complaint . . . , obtained from the appropriate official of each prison at which the prisoner
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is or was confined.” To proceed with a civil action, Mr. Tholmer must either pay the filing fee or
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comply with the requirements set forth in the in forma pauperis statute.
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Until Mr. Tholmer submits a complaint and either pays the filing fee or meets the
requirements of 28 U.S.C. § 1915(a), there simply is no case before the court.
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Accordingly, it hereby is ORDERED that:
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1. The Clerk is directed to send Mr. Tholmer a form complaint and application for leave
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to proceed in forma pauperis used in this court;
2. Within 30 days from the date of service of this order, Mr. Tholmer shall either pay the
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$400 filing fee or submit a complete application for leave to proceed in forma pauperis; and
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3. Within 30 days from the date of service of this order, Mr. Tholmer shall submit a
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complaint stating the nature of the action and his belief that he is entitled to redress. Failure to
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comply with this order will result in the disregard of Mr. Tholmer’s letter and the clerk not
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opening a civil action as to whatever claim he wants to present.
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DATED: October 16, 2020.
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