(PC) Jackson v. Garcia

Filing 3

ORDER signed by Magistrate Judge Chi Soo Kim on 06/03/2024 DIRECTING Plaintiff to file an IFP or pay the $405 Filing Fee, and File a Complaint that bears his signature, within 30 days from the date of this order. (Murphy, J)

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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 ELIJAH LEE JACKSON, 12 No. 2:24-cv-1513 CSK P Plaintiff, 13 v. 14 ORDER GARCIA, 15 Defendant. 16 17 Plaintiff, a county jail inmate proceeding pro se, filed a civil rights action pursuant to 18 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 19 required filing fee of $350.00 plus the $55.00 administrative fee. 1 See 28 U.S.C. §§ 1914(a), 20 1915(a). Plaintiff is provided the opportunity either to submit the appropriate affidavit in support 21 of a request to proceed in forma pauperis or to submit the required fees totaling $405.00. Plaintiff is cautioned that the in forma pauperis application form includes a section that 22 23 must be completed by a jail official, and the form must be accompanied by a certified copy of 24 plaintiff’s inmate trust account statement for the six-month period immediately preceding the 25 filing of this action. 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. Litigants proceeding in forma pauperis are not required to pay the $55.00 administrative fee. 1 1 In addition, plaintiff did not sign his complaint form. 2 Parties proceeding without counsel 2 are required to sign all pleadings, motions, and other papers submitted to the court for filing. Fed. 3 R. Civ. P. 11(a). The court is unable to consider plaintiff’s complaint unless he signs and re-files 4 it. Therefore, plaintiff is provided an opportunity to re-file his complaint bearing his signature. 5 Failure to comply with this order will result in an order striking the unsigned complaint. 6 In accordance with the above, IT IS HEREBY ORDERED that: 7 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 8 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 9 the required fees in the amount of $405.00; plaintiff’s failure to comply with this order will result 10 in a recommendation that this action be dismissed; 11 2. Within thirty days from the date of this order, plaintiff shall file a complaint that bears 12 his signature; failure to comply with this order will result in an order striking the unsigned 13 complaint; and 14 3. The Clerk of the Court is directed to send plaintiff a new application to proceed in 15 forma pauperis by a prisoner, as well as the civil rights complaint form by a prisoner. 16 Dated: June 3, 2024 17 18 19 /1/jack1513.3a 20 21 22 23 24 25 26 27 28 2 In addition, the complaint was filed on an Office of Inspector General complaint form. Plaintiff is encouraged to re-file his signed complaint on the civil rights complaint form used by this court. 2

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