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Johnson v. Unknown

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


April 30, 2009

TYRONE JOHNSON, PLAINTIFF,
v.
UNKNOWN, DEFENDANT.

ORDER

Plaintiff is a prisoner without counsel who, it appears, intends to seek relief for alleged civil rights violations. See 42 U.S.C. § 1983. He has neither paid the filing fee nor filed an application for leave to proceed in forma pauperis. See 28 U.S.C. § 1915. For the reasons explained below, plaintiff must either pay the filing fee or submit an application for leave to proceed in forma pauperis, and must submit a complaint.

To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor submitted an application for leave to proceed in forma pauperis.

A party who intends to sue for alleged civil rights violations must file a complaint in order to commence the action. Fed. R. Civ. P. 3. As noted above, plaintiff has not filed a complaint. Instead, he wrote a letter to the Clerk of the Court asserting that unnamed individuals were harassing him because he was scheduled for release to parole.

Accordingly, it is ordered that:

1. Plaintiff has 30 days from the date of service of this order to file a complaint and to submit either the filing fee or the application required by § 1915(a). The complaint and application for leave to proceed in forma pauperis must bear the case number assigned to this action. Plaintiff's failure to comply will result in a recommendation that this action be dismissed.

2. The Clerk of the Court is directed to mail to plaintiff a form complaint and a form application for leave to proceed in forma pauperis. Since plaintiff has been released from prison, he must receive the form application for leave to proceed in forma pauperis used by individuals who are at liberty.

20090430

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