IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 19, 2013
ANTHONY R. MEDINA, PLAINTIFF,
BARACK OBAMA, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel. He has filed documents with the court using the form to be used by a prisoner in filing a complaint under the Civil Right Act, 42 U.S.C. § 1983.
To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed in forma pauperis. Plaintiff has 30 days to either pay the fee or file a proper application.
In addition, plaintiff must submit a proper complaint, as the complaint he has filed is not signed, and contains allegations pertaining only to a "previous lawsuit," and not to the instant action. See Dckt. No. 1. Rule 11 of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper . . . be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). And pursuant to Rule 8 of the Federal Rules of Civil Procedure, a complaint must include "a short and plain statement of the claim" showing entitlement to relief. Fed. R. Civ. P. 8(a)(2). To properly commence a civil action, plaintiff must file a signed complaint. Fed. R. Civ. P. 3.
Until plaintiff submits a proper complaint and either pays the filing fee or meets the requirements of 28 U.S.C. § 1915(a), there simply is no case before the court.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis and a form for filing a civil rights action under 42 U.S.C. § 1983.
2. Plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a).
3. Plaintiff has 30 days from the date of service of this order to submit a complaint.
4. Failure to comply with this order will result in this action being dismissed.
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