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Complaint By A Prisoner Under The Civil Rights Act 42 USC 1983 - California
| Complaint By A Prisoner Under The Civil Rights Act 42 USC 1983 Form. This is a California form and can be used in Prisoner USDC Northern Federal . |
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1 2 3 4 5 I. 6 7 8 9 10 11 12 13 14 15 16 17 III. 18 19 20 21 22 23 IV. 24 25 26 27 28 Complaint Form Filing Fees 42 U.S.C. § 1983 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA INSTRUCTIONS FOR FILING A COMPLAINT BY A PRISONER UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983 You may file an action under 42 U.S.C. § 1983 to challenge federal constitutional or statutory violations by state actors which affect the conditions of your confinement. A § 1983 action may not be used to challenge the length of your sentence or the validity of your conviction. Such claims must be addressed in a petition for a writ of habeas corpus, on the correct forms provided by the clerk of the court. II. Filing a § 1983 Action To file a § 1983 action, you must submit: (1) an original complaint and (2) a check or money order for $350.00 or an original Prisoner's In Forma Pauperis Application. This packet includes a complaint form and a Prisoner's In Forma Pauperis Application. This and other forms for prisoners are also available at: http://cand.uscourts.gov/prisresources. When these forms are fully completed, mail the originals to: Clerk's Office United States District Court Northern District of California 450 Golden Gate Avenue Box 36060 San Francisco, CA 94102 The filing fee for a § 1983 action is currently $350.00, to be paid at the time of filing. If you are unable to pay the full filing fee at this time, you may petition the court to proceed in forma pauperis, using the Prisoner's In Forma Pauperis Application in this packet. You must fully complete the application and sign and declare under penalty of perjury that the facts stated therein are true and correct. Each plaintiff must submit his or her own Prisoner's In Forma Pauperis Application. You must use the Prisoner's In Forma Pauperis Application provided with this packet and not any other version. You must complete the entire complaint form. All questions must be answered in order for your action to proceed. Your responses must be typewritten or legibly handwritten and you must sign and declare under penalty of perjury that the facts stated in the complaint are true and correct. Under 42 U.S.C. § 1997e, you are required to exhaust available administrative remedies before filing a § 1983 action; you must indicate clearly in the space provided on the complaint form whether you have done so. PrisonerCiv03-13.wpd American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 V. Consent to Magistrate Judge Jurisdiction In order to encourage the just, speedy and inexpensive determination of § 1983 cases filed in this district, the parties may waive their right to proceed before a district judge and consent to proceed before a magistrate judge for all purposes. In accordance with 28 U.S.C. § 636(c), upon the consent of all the parties to proceed before a magistrate judge for all purposes, the magistrate judge assigned to this case will conduct all proceedings, decide all dispositive and non-dispositive matters, and order the entry of the final judgment. The party who does not prevail may appeal directly to the Ninth Circuit Court of Appeals in the same manner as an appeal from the final judgment of a district judge. Magistrate judges are selected through a statutorily prescribed merit selection process and are appointed by the judges of this court. The court encourages the parties to consent to magistrate judge jurisdiction as it may result in an earlier resolution of the matter. Because of different calendar pressures, magistrate judges may be able to set hearings and trials sooner than district judges. But you are free to decline consent to magistrate judge jurisdiction. Please indicate on the last page of the complaint form whether you consent or decline to consent to magistrate judge jurisdiction. VI. After Complaint Is Filed 11 12 13 VII. 14 15 16 17 VIII. Inquiries and Copying Requests 18 19 20 21 22 23 24 25 26 27 28 PrisonerCiv03-13.wpd You will be notified as soon as the court issues any order in your case. It is your responsibility to keep the court informed of any changes of address to ensure you receive court orders. Failure to so do may result in dismissal of your action. Repeat Filers If you are seeking leave to proceed in forma pauperis and, while incarcerated or detained, you have filed § 1983 actions on three or more prior occasions which were dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, you may not file a new § 1983 action unless you are under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Because of the large volume of cases filed by inmates in this court and very limited court resources, the court cannot answer questions concerning the status of your case or provide copies of documents, except at a charge of fifty cents ($0.50) per page. You should keep a copy of each document submitted to the court for your own records. -2- American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 COMPLAINT BY A PRISONER UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983 Name: __________________________________________________________________ (Last) (First) (Middle) Prisoner Number: _____________________________ Institutional Address: _____________________________________________________ _____________________________________________________ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA _____________________________________ (Enter your full name.) vs. 12 _____________________________________ 13 14 _____________________________________ 15 16 17 18 19 A. 20 B. 21 C. 22 procedure? 23 D. 24 25 1. Informal appeal: 26 27 28 (Enter the full name(s) of the defendant(s) in this action.) ) ) ) ) ) ) ) ) ) ) ) ) Case No. __________________ (Leave blank; to be provided by Clerk of Court) COMPLAINT UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983 I. Exhaustion of Administrative Remedies. Note: You must exhaust available administrative remedies before your claim can go forward. The court will dismiss any unexhausted claims. Place of present confinement ________________________________ Is there a grievance procedure in this institution? YES G _______________ NO G If so, did you present the facts in your complaint for review through the grievance YES G NO G If your answer is YES, list the appeal number and the date and result of the appeal at each level of review. If you did not pursue any available level of appeal, explain why. COMPLAINT Page 1 o
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