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Christian Bracamontes v. Moya

January 14, 2011

CHRISTIAN BRACAMONTES,
PLAINTIFF,
v.
MOYA, CORRECTIONAL SERGEANT;
LOPEZ, CORRECTIONAL OFFICER, ISU; LIZARRAGA, CORRECTIONAL OFFICER; JOHN DOE, ASSOCIATE WARDEN; JOHN AND JANE DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court

ORDER:

CDCR #P-70316,

1) DENYING MOTION TO ACCEPT COMPLAINT IN FORMAT SUBMITTED AS MOOT [Doc. No. 3];

2) DENYING EX PARTE MOTION FOR PRELIMINARY INJUNCTIVE RELIEF PURSUANT TO FED.R.CIV.P. 65[Doc. No.4];

3) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915(a) [Doc. No. 2]; AND

4) DIRECTING UNITED STATES MARSHAL TO EFFECT SERVICE PURSUANT TO 28 U.S.C. § 1915(d) AND FED.R.CIV.P.4(c)(3)

Plaintiff, an inmate currently incarcerated at California State Prison - Los Angeles (CSPLAC) in Lancaster, California, and proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983.

Plaintiff alleges prison officials at Centinela State Prison (CEN) violated his Eighth and Fourteenth Amendment rights by using excessive force against him on June 3, 2009, and by failing to provide medical attention, conspiring and retaliating against him afterward. See Compl. at 7-15, ¶¶ 11-34. Plaintiff also alleges a pendent state law claim for "intentional and unnecessary infliction ... of extreme emotional distress." Id. at 15 ¶¶ 35-47.

Plaintiff has not prepaid the $350 filing fee mandated by 28 U.S.C. § 1914(a); instead, he has filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a) [Doc. No. 2], accompanied by a Motion for the Court to Accept his Complaint [Doc. No. 3] and a Motion for Preliminary Injunctive Relief [Doc. No. 4].

I. MOTION TO ACCEPT COMPLAINT

Along with his Complaint, Plaintiff submitted a Motion "Containing Information and Requesting the Court accept his Complaint in Format Submitted." [Doc. No. 3] Plaintiff asks the Court to accept his Complaint "until such time [he] has [the] opportunity to amend any anomalies contained therein." See Pl.'s Mot. at 1.

"A civil action is commenced by filing a complaint with the court." See FED.R.CIV.P. 3.

Because Plaintiff's Complaint was accepted, filed and docketed as soon as it was received by the Clerk of Court, and no formal motion requesting leave to initiate a civil action or particular form is required by the Federal Rules of Civil Procedure ...


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