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Imhotep Jordan, Sr v. Victoria Minor

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


September 9, 2011

IMHOTEP JORDAN, SR., PLAINTIFF,
v.
VICTORIA MINOR, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner at Calipatria State Prison, has filed a document styled "notice and demand for exhibition, presentment, evidence without dishonor pursuant to 18 U.S.C. §§ 645*fn1 and 2382,"*fn2 seeking to implicate the Clerk of the Court, Victoria Minor, for her alleged failure evidently to enter a default judgment upon plaintiff's request. Plaintiff lists a litany of state statutes, sections of the United States and California constitutions, California case citations, "maxims regarding justice" and "maxims regarding truth," and appends various exhibits concerning duties of an attorney, the California Code of Judicial Ethics, the Annex to the International Bill of Human Rights, etc., What plaintiff does not do, however, within the eighty-one pages of his filing is identify what denial of a request for entry of default at which he has taken such umbrage or even the case number or title at issue. Nor does he clarify how he could have standing to possibly pursue any form of criminal action against the Clerk of the Court, or for that matter, any party.

In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay the required filing fee or file an application requesting leave to proceed in forma pauperis.*fn3 See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief until an action has been properly commenced. Therefore, plaintiff's filing will be denied without prejudice.

Plaintiff will be provided the opportunity to file his complaint, and to submit an application requesting leave to proceed in forma pauperis or to submit the appropriate filing fee.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff's filing of July 25, 2011, to the extent it could be construed as a motion, is denied without prejudice;

2. Plaintiff is granted thirty days from the date of service of this order to file a complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the complaint must bear the docket number assigned this case; plaintiff must file an original and two copies of the complaint. Plaintiff shall also submit, within thirty days from the date of this order, the application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $350.00. Plaintiff's failure to comply with this order will result in a recommendation that this matter be dismissed; and

3. The Clerk of the Court is directed to send plaintiff the court's form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner.


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