Johnson v. Dept Veteran Affairs

Filing 4

ORDER that 2 Motion for Protective Order is DENIED. FURTHER ORDERED that Plaintiff has until October 4, 2016 to file a complaint with an accompanying filing fee or an application to proceed in forma pauperis. Signed by Magistrate Judge Cam Ferenbach on 9/20/16. (Copies have been distributed pursuant to the NEF: blank ifp form w/instructions to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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R. WAYNE JOHNSON,
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Plaintiff,
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vs.
DEPT OF VETERAN AFFAIRS,

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2:16-cv-02121-GMN-VCF
ORDER

Defendant.

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Before the Court is Plaintiff's Motion for Protective Order (ECF No. 2). Federal Rule of Civil

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Procedure 3 governs commencing an action. Fed. R. Civ. P. 3. “A civil action is commenced by filing a

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complaint with the court.” Id. A complaint must contain the following: (1) a statement of the grounds for

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jurisdiction, (2) a short and plain statement of the claim showing why the Plaintiff is entitled to relief, and

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(3) a demand for relief. Fed. R. Civ. P. 8(a). Under 28 U.S.C. § 1914(a), a filing fee is required to

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commence a civil action in federal court.

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Here, Plaintiff has not complied with Rule 3. No complaint commencing this action has been filed.

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The filing fee has not been paid. Plaintiff must pay the full filing fee for each case that he seeks to open

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or file an application to proceed in forma pauperis.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff's Motion for Protective Order (ECF No. 2) DENIED.

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IT IS FURTHER ORDERED that Plaintiff has until October 4, 2016 to file a complaint with an

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accompanying filing fee or an application to proceed in forma pauperis. Failure to comply with this order

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may result in dismissal of this case.

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The Clerk of Court is directed to mail the in forma pauperis pro se packet to Plaintiff.

NOTICE

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Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and

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recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk

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of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal

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may determine that an appeal has been waived due to the failure to file objections within the specified

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time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections

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within the specified time and (2) failure to properly address and brief the objectionable issues waives the

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right to appeal the District Court's order and/or appeal factual issues from the order of the District Court.

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Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452,

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454 (9th Cir. 1983).

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Pursuant to Local Special Rule 2-2, the Plaintiff must immediately file written notification with

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the court of any change of address. The notification must include proof of service upon each opposing

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party of the party’s attorney. Failure to comply with this Rule may result in dismissal of the action. See

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LSR 2-2.

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DATED this 20th day of September, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE