Opinion
No. 4:16CV3 DDN
01-07-2016
MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 42 U.S.C. § 1983. Having reviewed plaintiff's financial information, the Court assesses a partial initial filing fee of $16.00, which is twenty percent of his average monthly deposit. See 28 U.S.C. § 1915(b).
The complaint is defective because it is not signed as required by Rule 11 of the Federal Rules of Civil Procedure. As a result, the Court will direct the Clerk to return the complaint to plaintiff so that he can sign it.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $16.00 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that the Clerk is directed to return the complaint to plaintiff.
IT IS FURTHER ORDERED that plaintiff must sign the complaint and return it to the Court within twenty-one (21) days from the date of this Order.
IT IS FURTHER ORDERED that if plaintiff does not comply with this Order, the Court will dismiss this action without further proceedings.
/s/ David D. Noce
UNITED STATES MAGISTRATE JUDGE Signed on January 7, 2016.