Cruz v. Smith et al
Filing
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ORDER. IT IS ORDERED that a decision on 1 the application to proceed in forma pauperis is deferred. IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court 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. The Clerk of the Court shall also send Plaintiff a copy of his affidavit and exhibits 1 -1. Signed by Magistrate Judge Cam Ferenbach on 4/19/2018. (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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GUILLERMO TRUJILLO CRUZ,
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Case No. 2:18-cv-00693-RFB-VCF
Plaintiff,
ORDER
v.
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B. SMITH, et al.,
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Defendants.
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I.
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Plaintiff, who is a prisoner in the custody of Kern Valley State Prison, has filed an
application to proceed in forma pauperis and has submitted an affidavit with exhibits.
(ECF No. 1, 1-1). Plaintiff has not filed a complaint in this matter.
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DISCUSSION
Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by
filing a complaint with the court.” Fed. R. Civ. P. 3. Therefore, the Court grants Plaintiff
thirty (30) days from the date of this order to submit a complaint to this Court. The Court
will defer a decision on the application to proceed in forma pauperis until Plaintiff submits
a proper initiating document for this case.
II.
CONCLUSION
For the foregoing reasons, IT IS ORDERED that a decision on the application to
proceed in forma pauperis (ECF No. 1) is deferred.
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IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court
within thirty (30) days from the date of this order.
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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. The
Clerk of the Court shall also send Plaintiff a copy of his affidavit and exhibits (ECF No. 11).
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.
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April
DATED THIS 19thday of
2018.
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UNITED STATES MAGISTRATE JUDGE
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