(PC) Glenn v. High Desert State Prison - 4

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					(PC) Glenn v. High Desert State Prison                                                                                    Doc. 4


                 Case 2:05-cv-02344-FCD-DAD              Document 4        Filed 11/30/2005        Page 1 of 3




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         8                                IN THE UNITED STATES DISTRICT COURT

         9                           FOR THE EASTERN DISTRICT OF CALIFORNIA

        10   ZACHARY LEE GLENN,

        11                   Plaintiff,                     No. CIV S-05-2344 FCD DAD P

        12           vs.

        13   HIGH DESERT STATE PRISON,

        14                   Defendant.                     ORDER

        15                                           /

        16                   Plaintiff, a state prisoner confined at High Desert State Prison, has filed a letter

        17   with an application to proceed in forma pauperis. Plaintiff states that he has been suffering from

        18   a serious mental illness and that his mental health rights have been violated by mental health staff

        19   and correctional staff. Plaintiff indicates that he wants to file a lawsuit against the prison. He

        20   requests that the court find an attorney to assist him with his lawsuit.

        21                   A civil action is commenced by filing a complaint. Fed. R. Civ. P. 3. The

        22   complaint must be accompanied by the filing fee or a properly completed application to proceed

        23   in forma pauperis.1 28 U.S.C. §§ 1914 and 1915. Plaintiff’s letter does not contain all of the

        24   required information, and his in forma pauperis application is incomplete.

        25
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                      Prisoners who are granted leave to proceed in forma pauperis are obligated to pay the
        26   $250.00 filing fee in installments when funds are available in their prison trust accounts.

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                                                                                                               Dockets.Justia.com
         Case 2:05-cv-02344-FCD-DAD             Document 4         Filed 11/30/2005        Page 2 of 3




 1                  To assist plaintiff with the filing of a complaint, the court will provide plaintiff

 2   with an appropriate form. Plaintiff must complete all sections of the form. In particular, plaintiff

 3   must identify each staff member he wishes to sue. He must describe the way in which each

 4   defendant has violated his rights, and he must specify the relief he is seeking.

 5                  The court will also provide plaintiff with a copy of the in forma pauperis

 6   application form used in this district. The certificate section of the form must be completed and

 7   signed by an authorized officer at plaintiff’s institution. The officer must attach a certified copy

 8   of plaintiff’s prison trust account statement for the six month period immediately preceding the

 9   filing of this action. See 28 U.S.C. § 1915(a)(2).

10                  District courts lack authority to require an attorney to represent an indigent

11   prisoner in a civil rights action. See Mallard v. United States Dist. Court, 490 U.S. 296, 298

12   (1989). In certain exceptional circumstances, a district court may request the voluntary

13   assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015,

14   1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the

15   present case, plaintiff has not yet filed a complaint. As a result, the court is unable to determine

16   whether there are exceptional circumstances. Plaintiff’s request for appointment of counsel will

17   therefore be denied.

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

19                  1. Plaintiff’s November 21, 2005 request for assistance of counsel is denied;

20                  2. Plaintiff is granted thirty days from the date of this order to file a civil rights

21   complaint on the form provided with this order; the complaint must bear the case number

22   assigned to this action;

23                  3. Plaintiff is granted thirty days from the date of this order to file a properly

24   completed application to proceed in forma pauperis on the form provided with this order; the

25   application must bear the case number assigned to this action;

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         Case 2:05-cv-02344-FCD-DAD              Document 4        Filed 11/30/2005       Page 3 of 3




 1                    4. Plaintiff is cautioned that failure to comply with the requirements of this order

 2   may result in a recommendation that this action be dismissed without prejudice; any request for

 3   an extension of time to comply with this order must be submitted in a timely manner; and

 4                    5. The Clerk of the Court is directed to send plaintiff the civil rights complaint

 5   form to be used by a prisoner filing a civil rights action and an application to proceed in forma

 6   pauperis.

 7   DATED: November 29, 2005.

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