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Gary Dean Webb v. William Knipp

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


February 19, 2013

GARY DEAN WEBB, PLAINTIFF,
v.
WILLIAM KNIPP, ET AL., DEFENDANTS.

ORDER

Plaintiff is a prisoner confined to Mule Creek State Prison. He proceeds pro se and seeks a one-year extension of time to file a civil rights action. Plaintiff's request must be denied, as a complaint is necessary for the commencement of a civil action. Unlike the pending request for extension of time, which is fourteen pages long and accompanied by 75 pages of exhibits, a complaint must contain a short and plain statement of plaintiff's claim, showing that he is entitled to relief. Fed. R. Civ. P. 3; Fed. R. Civ. P. 8. Plaintiff is hereby informed he need not prove his claims with evidence at this time. In filing a complaint, plaintiff should simply state the facts upon which he alleges a defendant has violated his constitutional rights and refrain from submitting exhibits. Plaintiff may draft his claims on the form complaint used by this court.

Until plaintiff submits a complaint, there simply is no case before the court.

Accordingly, it hereby is ORDERED that:

1. Plaintiff's request for a one-year extension of time to file a complaint (Dckt. No. 1) is denied.

2. The Clerk shall send to plaintiff the form complaint. 3. Within 30 days of the date of this order, plaintiff shall submit a complaint stating the nature of the action and his belief that he is entitled to redress. Failure to comply with this order may result in a recommendation that this action be dismissed.

20130219

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