UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 18, 2011
NORTH KERN STATE PRISON OFFICIALS,
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER REQUIRING PLAINTIFF TO FILE COMPLAINT AND APPLICATION TO PROCEED IN FORMA PAUPERIS BY APRIL 15, 2011 CLERK TO MAIL PLAINTIFF SECTION 1983 COMPLAI NT F O RM AND THE APPLICATION TO PROCEED IN FORMA PAUPERIS FOR A PRISONER
Plaintiff Christopher Castillo ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action in the Northern District of California in September 2010; it was transferred to this district in January 2011. (ECF Nos. 1, 6.)
The Court has reviewed the file and it does not appear Plaintiff has filed a proper complaint. Accordingly, the Court ORDERS the Clerk to send Plaintiff a blank civil rights complaint form. Plaintiff is to complete and return his complaint by April 15, 2011.
Additionally, Plaintiff has not applied to proceed in forma pauperis or paid the $350.00 filing fee. A civil action may not proceed absent the submission of either the filing fee or the grant of in forma pauperis status. 28 U.S.C. §§ 1914, 1915. Accordingly, the Clerk is ORDERED to send Plaintiff a blank prisoner IFP form. Plaintiff is ORDERED to complete and return the IFP form not later than April 15, 2011.
Plaintiff is hereby on notice that failure to comply with this order may result in dismissal of this action.
IT IS SO ORDERED.
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