Davitt v. Doe

Filing 3

ORDER that a decision on the 1 Motion/Application for Leave to Proceed in forma pauperis is Deferred. Plaintiff shall submit a Complaint to the Court within 30 days of the date of this Order. If Plaintiff does not timely comply with this Order dismissal of this action may result. Signed by Magistrate Judge Carl W. Hoffman on 1/5/2015. (Copies have been distributed pursuant to the NEF - Complaint form/instructions mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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JOHN DOE,
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Defendant.
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___________________________________ )

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I.

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MICHAEL DAVITT,

2:14-cv-1504-GMN-CWH
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Clark County Detention Center, has filed

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an application to proceed in forma pauperis. (ECF No. 1). However, Plaintiff has not filed a

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complaint in this matter.

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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing

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a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff thirty (30)

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days from the date of this order to submit a complaint to this Court. The Court will defer a

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decision on the application to proceed in forma pauperis until Plaintiff submits a proper

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initiating document for this case.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that a decision on the application to

proceed in forma pauperis (ECF No. 1) is deferred.
IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court within
thirty (30) days of the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the
approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same.

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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.

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DATED: This 5th day of January, 2015.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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