Cunditt v. NDOC Center

Filing 3

ORDER DISMISSING CASE - ORDERED that this action is DISMISSED, without prejudice, for failure to present a complaint. FURTHER ORD that all pending motions, including the application to proceed in forma pauperis, are DENIED. FURTHER ORD that the Cler k of the Court shall send plaintiff 2 copies of an IFP application form for a prisoner, 1 copy of the instructions for same, 2 copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, and 1 copy of instructions for the same. ( Mailed to P 1/24/2012. ) FURTHER ORD that plaintiff may file a complaint and in forma pauperisapplication in a new action, but he may not file further documents in this action. FURTHER ORD that the Clerk of Court shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 1/23/2012. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 WILLIAM CUNDITT, 10 Plaintiff, 11 vs. 12 NDOC, et al., 13 Defendants. ) ) ) ) ) ) ) ) ) / 3:12-cv-00046-LRH-VPC ORDER 14 15 This action was opened by the Clerk of Court as a civil rights action pursuant to 42 U.S.C. 16 § 1983. Plaintiff has submitted an application to proceed in forma pauperis. However, no complaint 17 has been submitted. An action must have an operative pleading to proceed. See Fed. R. Civ. P. 8(a). 18 As there is no complaint filed in this action, it will be dismissed, without prejudice to filing a 19 complaint as a new action. 20 21 IT IS THEREFORE ORDERED that this action is DISMISSED, without prejudice, for failure to present a complaint. 22 23 IT IS FURTHER ORDERED that all pending motions, including the application to proceed in forma pauperis, are DENIED. 24 IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff two copies of 25 an in forma pauperis application form for a prisoner, one copy of the instructions for same, two 26 copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, and one copy of instructions for the 27 same. 28 /// 1 2 3 IT IS FURTHER ORDERED that plaintiff may file a complaint and in forma pauperis application in a new action, but he may not file further documents in this action. IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly. 4 Dated this 23rd day of January, 2012. 5 6 7 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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