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Richardson v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 15, 2008

TYRONE RICHARDSON, PLAINTIFF,
v.
GOV. ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

ORDER

This matter is before the undersigned pursuant to E. D. Cal. L. R. 72-302(c)(21). See 28 U.S.C. § 636(b)(1). On June 16, 2008, plaintiff filed a three-page document, denominated a "motion," which seeks "a court order petition for writ of confirmation that the defendants file this I/M's [inmate's] C.D.C. 602 in I/M's Central file good cause being Defendant(s) unwillingness to Comply with their own title-15-matrix by the Dir. of C.D.C.R. . . ." Assuming that the document is intended to be a complaint, it submitted without payment of the filing fee or an application to proceed in forma pauperis. For present purposes, the court will liberally construe it as a complaint. However, the court cannot consider the merits of the complaint until plaintiff has paid the $350 filing fee or obtained approval of this court to proceed in forma pauperis.

Accordingly, the Clerk of Court is directed to serve upon plaintiff a copy of this order, as well as an application to proceed in forma pauperis. Plaintiff shall, within twenty days of the filing date of this order, pay the filing fee or submit a completed application to proceed in forma pauperis. In addition to setting forth all pertinent information concerning his financial status, plaintiff shall indicate whether he is currently in custody and whether he was in custody when he filed this action. Failure to file the required affidavits and/or pay the filing fee within twenty days will result in a recommendation that this action be dismissed.

SO ORDERED.

20081215

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