Opinion
No. 2:11-cv-2212 KJN P
08-24-2011
ROBERT BOWIE, Plaintiff, v. HIGH DESERT STATE PRISON, Defendant.
ORDER
Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Therefore, plaintiff will be provided the opportunity to submit either the appropriate affidavit in support of a request to proceed in forma pauperis or the appropriate filing fee.
In addition, it appears plaintiff failed to file the entire civil rights complaint. Plaintiff's August 15, 2011 complaint is filed on the form used by the Central District of California. The form is six pages long; however, plaintiff only provided the first three pages. Plaintiff has failed to provide the nature of his claim or claims against defendant, and did not sign the complaint. Rule 11 of the Federal Rules of Civil Procedure requires that all pleadings must be signed by a party proceeding without counsel. Id.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's complaint is dismissed.
2. The Clerk of the Court is directed to send plaintiff a form for filing a civil rights action under 42 U.S.C. § 1983 with the accompanying instructions and an Application to Proceed In Forma Pauperis By a Prisoner with the accompanying information sheet.
3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit the following documents to the court:
a. The completed Notice of Amendment;Plaintiff's amended complaint shall comply with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must also bear the docket number assigned to this case and must be labeled "Amended Complaint."
b. The appropriate affidavit in support of a request to proceed in forma pauperis or the appropriate filing fee; and
c. An original and one copy of the Amended Complaint.
4. Failure to comply with this order may result in the dismissal of this action.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
bowi2212.3a
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ROBERT BOWIE, Plaintiff,
vs.
HIGH DESERT STATE PRISON, Defendants.
No. 2:11-cv-2212 KJN P
SUBMISSION OF
IFP or FILING FEE
AND AMENDED COMPLAINT
Plaintiff hereby submits the following document in compliance with the court's order filed ___:
___ IFP affidavit
___ The appropriate filing fee
___ Amended Complaint that is signed and complete.
____________
Plaintiff