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Malik Jones v. T. Felker

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


January 11, 2011

MALIK JONES, PLAINTIFF,
v.
T. FELKER, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently before the court are plaintiff's March 3, 2010 request for a court order requiring defendants to respond to the complaint and plaintiff's May 24, 2010 motion to proceed in forma pauperis. Dckt. Nos. 10, 16.

Plaintiff's in forma pauperis application, filed in compliance with the court's order of May 11, 2010, makes the showing required by 28 U.S.C. § 1915(a)(1) and (2). Accordingly, the court will grant plaintiff's request to proceed in forma pauperis, and,by separate order, the court will direct the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2).

Plaintiff's March 3, 2010 request for a court order requiring defendants to respond to the complaint is premature. The court will screen plaintiff's complaint as required by 28 U.S.C. § 1915A in due course. If the court determines in its screening order that plaintiff has stated cognizable claims against defendants, the court will order defendants to respond to the complaint.

Accordingly, it is hereby ORDERED that:

1. Plaintiff's request to proceed in forma pauperis is granted.

2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.

3. Plaintiff's March 3, 2010 motion for a court order requiring defendants to respond to the complaint is denied as premature.

20110111

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