Camacho v. Clark County Detention Center et al

Filing 6

ORDER Denying 2 Plaintiff's Motion for TRO; Denying 3 Plaintiff's Motion for Preliminary Injunction; Denying 4 Plaintiff's Motion for Free Copies; and Denying 5 Plaintiff's Motion to Appoint Counsel. IT IS FURTHER ORDERE D that this action is DISMISSED without prejudice to Plaintiffs commencement of a new action. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Miranda M. Du on 05/08/2013. (Copies have been distributed pursuant to the NEF - CC: IFP, Civil Rights Complaint and Instructions to Plaintiff - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RAMIRO CAMACHO, JR.,

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Case No. 2:13-cv-00797-MMD-VCF
Plaintiff,

ORDER

v.
CLARK COUNTY DETENTION CENTER,
et al.,

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Defendants.
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Plaintiff, Ramiro Camacho, Jr., has submitted a motion for a temporary

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restraining order (dkt. no. 2). A court may issue a temporary restraining order when the

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moving party provides specific facts showing that immediate and irreparable injury, loss,

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or damage will result before the adverse party’s opposition to a motion for preliminary

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injunction can be heard. Fed. R. Civ. P. 65. Plaintiff is a pre-trial detainee at the Clark

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County Detention Center. Plaintiff is afraid that Hispanic correctional officers at the jail

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are trying to kill him in retaliation for the death of his son. Plaintiff points to an incident

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on December 19, 2012, in which Hispanic correctional officers used force to extract him

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from his cell, and an undated incident in state district court in which a Hispanic marshal

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choked him. Plaintiff asks the Court to move him into federal custody. Plaintiff has not

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alleged facts that could show an immediate and irreparable injury will occur. At best, he

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has alleged fear and speculation of injury based upon a bad experience several months

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ago. The Court finds that extraordinary relief is not warranted.

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Plaintiff also has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983

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(dkt. no. 1). The court dismisses this action because plaintiff did not pay the filing fee,

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nor did he submit an application to proceed in forma pauperis with a financial certificate

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and a copy of his inmate account statement, as required by 28 U.S.C. § 1915(a)(2) and

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Local Rule LSR 1-2.

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The Court denies plaintiff’s motion for a preliminary injunction (dkt. no. 3), motion

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for free copies (dkt. no. 4), and motion for appointment of counsel (dkt. no. 5) because

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the Court is dismissing this action.

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IT IS THEREFORE ORDERED that plaintiff’s motion for a temporary restraining

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order (dkt. no. 2), motion for a preliminary injunction (dkt. no. 3), motion for free copies

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(dkt. no. 4), and motion for appointment of counsel (dkt. no. 5) are DENIED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send plaintiff a blank

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form for an application to proceed in forma pauperis for incarcerated litigants and a

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blank civil rights complaint form with instructions.

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to

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plaintiff’s commencement of a new action in which he either pays the filing fee in full or

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submits a complete application to proceed in forma pauperis, accompanied by a signed

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financial certificate and a statement of his inmate account. The Clerk of the Court shall

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enter judgment accordingly.

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DATED THIS 8th day of May 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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