Johnson v. Holms
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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ADRIAN JOHNSON,
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Plaintiff,
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Case No. 2:18-cv-00647-GMN-GWF
ORDER
v.
SGT D. HOLMS,
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Defendant.
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I.
DISCUSSION
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Plaintiff, who is an inmate in the custody of the Clark County Detention Center
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(“CCDC”), has filed an application to proceed in forma pauperis and has submitted a
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motion for appointment of counsel. (ECF No. 1, 2). Plaintiff has not filed a complaint in
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this matter.
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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by
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filing a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff
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thirty (30) days from the date of this order to submit a complaint to this Court. The Court
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will defer a decision on the application to proceed in forma pauperis until Plaintiff submits
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a proper 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
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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.
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DATED THIS 16th day of April 2018.
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UNITED STATES MAGISTRATE JUDGE
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