Frixione v. Skolnik et al

Filing 2

ORDER that the Clerk SHALL SEND plaintiff the approved form for an Application to Proceed In Forma Pauperis by a prisoner, as well as the documentInformation and Instructions for Filing a Motion to Proceed In Forma Pauperis. Within 30 days from the date of entry of this order, plaintiff SHALL FILE a completed and signed application to proceed in forma pauperis on the form provided by this Court. Plaintiffs failure to file an applicationto proceed in forma pauperis in compliance with this order may result in the immediate dismissal of the lawsuit without prejudice. IT IS FURTHER ORDERED that the Clerk SHALL SEND to plaintiff the approvedforms for filing a civil rights lawsuit under 42 U.S.C. §1983. IT IS FURTHER ORDERED that if plaintiff chooses to file an Amended Complaint,he shall clearly title the amended complaint as such by placing the words FIRST AMENDED immediately above Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 on page 1 in the caption, and plaintiff shall place the case number, 2:10-CV-01119-RLJ-LRL, above the words FIRST AMENDEDin the space for Case No. IT IS FURTHER ORDERED that if plaintiff chooses to file an Amended Complaint,he shall file it within 30 days from the date that this Order is entered. The amended complaint must be a complete document in and of itself, and will supersede the original complaint in its entirety. Any allegations, parties, or requests for relief from prior papers that are not carried forward in theamended complaint will no longer be before the court. Signed by Magistrate Judge Lawrence R. Leavitt on 7/26/2010. (Attachments: # 1 IFP, # 2 IFP Instructions, # 3 Complaint, # 4 Complaint Instructions)(Copies have been distributed pursuant to the NEF - SD)

Frixione v. Skolnik et al

Doc. 2

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff has submitted a pro se civil rights complaint. Plaintiff has failed to submit an application to proceed in forma pauperis on the required form. See 28 U.S.C. § 1915(a)(1)-(2); Local Rules of Special Proceedings 1-1, 1-2. Plaintiff will be granted thirty (30) days in which to submit a completed and signed application to proceed in forma pauperis on the form provided by this Court. The application must be accompanied by all required financial documentation, as described in the instructions for use of the form. Further, in the court's preliminary review, plaintiff's complaint does not appear to state any claims for which relief may be granted. If plaintiff should consider filing an amended complaint prior to this court's screening, he is advised that a complaint pursuant to 42 U.S.C. § 1983 should set vs. HOWARD SKOLNIK, et al., Defendants. ALEJANDRO FRIXIONE, #1045558 Plaintiff, ) ) ) ) ) ) ) ) ) ) /

2:10-cv-01119-RLH-LRL ORDER

Dockets.Justia.com

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forth a concise statement of facts that demonstrate one or more violations of plaintiff's civil rights. IT IS THEREFORE ORDERED that the Clerk SHALL SEND plaintiff the approved form for an Application to Proceed In Forma Pauperis by a prisoner, as well as the document "Information and Instructions for Filing a Motion to Proceed In Forma Pauperis." Within thirty (30) days from the date of entry of this order, plaintiff SHALL FILE a completed and signed application to proceed in forma pauperis on the form provided by this Court. Plaintiff's failure to file an application to proceed in forma pauperis in compliance with this order may result in the immediate dismissal of the lawsuit without prejudice. IT IS FURTHER ORDERED that the Clerk SHALL SEND to plaintiff the approved forms for filing a civil rights lawsuit under 42 U.S.C. §1983. IT IS FURTHER ORDERED that if plaintiff chooses to file an Amended Complaint, he shall clearly title the amended complaint as such by placing the words "FIRST AMENDED" immediately above "Civil Rights Complaint Pursuant to 42 U.S.C. § 1983" on page 1 in the caption, and plaintiff shall place the case number, 2:10-CV-01119-RLJ-LRL, above the words "FIRST AMENDED"in the space for "Case No." IT IS FURTHER ORDERED that if plaintiff chooses to file an Amended Complaint, he shall file it within thirty (30) days from the date that this Order is entered. The amended complaint must be a complete document in and of itself, and will supersede the original complaint in its entirety. Any allegations, parties, or requests for relief from prior papers that are not carried forward in the amended complaint will no longer be before the court.

DATED this 26th day of July, 2010.

UNITED STATES MAGISTRATE JUDGE

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