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Carrow v. Sacramento County Sheriff

May 15, 2009

NEIL DONALD CARROW, PLAINTIFF,
v.
SACRAMENTO COUNTY SHERIFF, ET AL., DEFENDANTS.



ORDER

Plaintiff is confined in a county jail and is proceeding without counsel. While he styles his filing, "Writ of Habeas Corpus," he seeks injunctive relief to remedy allegedly unconstitutional conditions of confinement. An action under 42 U.S.C. § 1983 is the remedy for allegedly unconstitutional conditions of confinement. See Nelson v. Campbell, 541 U.S. 637, 643 (2004); Preiser v. Rodriguez, 411 U.S. 475, 498-99 (1973). The court thus construes this action as having been brought under § 1983.

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 a proper application for leave to proceed in forma pauperis.

Accordingly, plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in a recommendation that this action be dismissed.

So ordered.

20090515

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