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Anthony R. Medina v. Barack Obama

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


March 19, 2013

ANTHONY R. MEDINA, PLAINTIFF,
v.
BARACK OBAMA, ET AL., DEFENDANTS.

ORDER

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.

20130319

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