United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
Raul Galvan, who is confined at FMC Devens and represents
himself pro se, filed a document captioned as a
“Memorandum Of Law In Support Of Plaintiff's Motion
For Preliminary Injunction, TRO, and Suit.” Galvan did
not pay the filing fee and did not file a complaint or a
motion for leave to proceed in forma pauperis. For
the reasons set forth below, the Court directs Galvan to file
a complaint and resolve the filing fee.
Filing of a Complaint
civil action is commenced by filing a complaint with the
court.” Fed.R.Civ.P. 3. Galvan's motion for
injunctive relief does not constitute a complaint. If he
wishes to pursue this action, he must file a complaint. The
Court cannot consider a motion for injunctive relief without
an underlying complaint which contains a statement of the
Court's jurisdiction, “a short and plain statement
of the claim showing that the pleader is entitled to relief,
” and a demand for relief. See Fed.R.Civ.P.
8(a). The requirement to provide a “short and plain
statement of the claim” means that the complaint must
contain “enough detail to provide [each] defendant with
‘fair notice of what the . . . claim is and the grounds
upon which it rests, '” Silverstrand Invs. v.
AMAG Pharm., Inc., 707 F.3d 95, 101 (1st Cir. 2013)
(quoting Ocasio-Hernandez v. Fortuno-Burset, 640
F.3d 1, 12 (1st Cir. 2011)) (alteration in original), or, in
other words, the statement of the claim “must ‘at
least set forth minimal facts as to who did what to whom,
when, [and] where, '” Calvi v. Knox
County, 470 F.3d 422, 430 (1st Cir. 2006) (quoting
Educadores Puertorriqueños en Acción v.
Hernandez, 367 F.3d 61, 68 (1st Cir. 2004)).
addition, a complaint should comply with other requirements
set forth in the Federal Rules of Civil Procedure. The
caption of the complaint “must name all the parties,
” Fed.R.Civ.P. 10(a). “A party must state its
claims . . . in numbered paragraphs, each limited as far as
practicable to a single set of circumstances.”
Fed.R.Civ.P. 10(b). “Each allegation must be simple,
concise, and direct.” Fed.R.Civ.P. 8(d)(1). The
plaintiff must sign the complaint. See Fed.R.Civ.P.
if Galvan wishes to pursue this action, he must also pay a
$350 filing fee and the $50 administrative fee or file a
request to proceed without prepayment of the fee (often
referred to as a motion for leave to proceed in forma
pauperis). Where, as here, the plaintiff is a prisoner,
a motion for waiver of prepayment of the filing fee must be
accompanied by “a certified copy of the trust fund
account statement (or institutional equivalent) for the
prisoner for the 6-month period immediately preceding the
filing of the complaint . . . obtained from the appropriate
official of each prison at which the prisoner is or was
confined.” 28 U.S.C. § 1915(a)(2).
other civil litigants, prisoner plaintiffs are not entitled
to a complete waiver of the filing fee, notwithstanding the
grant of in forma pauperis status. Based on the
information contained in the prison account statement, the
Court will direct the appropriate prison official to withdraw
an initial partial payment from the plaintiff's account,
followed by payments on a monthly basis until the entire
$350.00 filing fee is paid in full. See 28 U.S.C.
§ 1915(b)(1)-(2). Even if the Court dismisses the action
upon a preliminary screening, see 28 U.S.C.
§§ 1915(e)(2), 1915A, or Galvan is otherwise
unsuccessful in this action, he remains obligated to pay the
$350 filing fee.
accordance with the foregoing, it is hereby ORDERED 1. If
Galvan wishes to pursue this action he must, within
thirty-five days of the date of this order (a) Pay the $400
filing and administrative fees or file a motion for leave to
proceed in forma pauperis with a six-month certified
prison account statement; and (b) file a complaint.
to comply with this order will result in dismissal of the
action without prejudice. The Clerk shall send Galvan an
Application to Proceed in District Court Without Prepaying
Fees or Costs, which Galvan may complete and file (with the
prison account statement) as a motion for leave to proceed
in forma pauperis.
Memorandum Of Law (Docket No. 1) that was entered on the
docket as a Motion for Temporary Restraining Order is DENIED