Santeler v. Navarro

Filing 2

ORDER. IT IS HEREBY ORDERED that 1 Plaintiff's Notice and Demand by Declaration is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff has until 6/1/17 to file a complaint with an accompanying filing fee or an application to proceed in forma pauperis. Signed by Magistrate Judge Cam Ferenbach on 5/1/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
RANDALL KEVIN SANTELER,

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Plaintiff,
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vs.
GLORIA NAVARRO,

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2:17-cv-01058-JCM-VCF
ORDER

Defendant.

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Before the Court is Plaintiff’s Notice and Demand by Declaration (ECF No. 1).

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Federal Rule of Civil Procedure 3 governs commencing an action. Fed. R. Civ. P. 3. “A civil

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action is commenced by filing a complaint with the court.” Id. A complaint must contain the following:

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(1) a statement of the grounds for jurisdiction, (2) a short and plain statement of the claim showing why

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the Plaintiff is entitled to relief, and (3) a demand for relief. Fed. R. Civ. P. 8(a).

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Under 28 U.S.C. § 1914(a), a filing fee is required to commence a civil action in federal court.

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Here, Plaintiff has not complied with Rule 3 and 8. No complaint commencing this action has

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

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seeks to open 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 Notice and Demand by Declaration (ECF No. 1) is

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DENIED without prejudice.

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IT IS FURTHER ORDERED that Plaintiff has until June 1, 2017 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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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,
454 (9th Cir. 1983).

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DATED this 1st day of May, 2017.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE