Johnson v. Holms

Filing 3

ORDER deferring ruling on 1 Motion/Application for Leave to Proceed in forma pauperis; Plaintiff shall submit a complaint to this Court within thirty (30) days from the date of this order. Signed by Magistrate Judge George Foley, Jr on 4/16/2018. (Copies have been distributed pursuant to the NEF, cc: 1983 to P - JM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 ADRIAN JOHNSON, 10 Plaintiff, 11 12 Case No. 2:18-cv-00647-GMN-GWF ORDER v. SGT D. HOLMS, 13 Defendant. 14 15 I. DISCUSSION 16 Plaintiff, who is an inmate in the custody of the Clark County Detention Center 17 (“CCDC”), has filed an application to proceed in forma pauperis and has submitted a 18 motion for appointment of counsel. (ECF No. 1, 2). Plaintiff has not filed a complaint in 19 this matter. 20 Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by 21 filing a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff 22 thirty (30) days from the date of this order to submit a complaint to this Court. The Court 23 will defer a decision on the application to proceed in forma pauperis until Plaintiff submits 24 a proper initiating document for this case. 25 II. 26 27 28 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 1 2 3 4 5 within thirty (30) days from 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. IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result. 6 7 DATED THIS 16th day of April 2018. ___ 8 9 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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