Cueva

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HANDY, No. 2:21-cv-1431 AC P Plaintiff, v. ORDER DANIEL E. CUEVA, Defendant. 16 Plaintiff, a state prisoner at California Medical Facility, has filed a document styled as a motion for preliminary injunction and to be excused from exhausting administrative remedies. ECF No. 1. No other documents have been filed by the plaintiff. In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and he must either pay the required filing fee or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying injunctive relief until an action has been properly commenced, and if plaintiff fails to file a complaint it will be recommended that the motion for preliminary relief be denied and this action be dismissed. Furthermore, because plaintiff is a…