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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILLIAM CUNDITT,

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Plaintiff,

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vs.

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NDOC, et al.,

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Defendants.

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3:12-cv-00046-LRH-VPC
ORDER

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This action was opened by the Clerk of Court as a civil rights action pursuant to 42 U.S.C.

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§ 1983. Plaintiff has submitted an application to proceed in forma pauperis. However, no complaint

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has been submitted. An action must have an operative pleading to proceed. See Fed. R. Civ. P. 8(a).

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As there is no complaint filed in this action, it will be dismissed, without prejudice to filing a

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complaint as a new action.

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IT IS THEREFORE ORDERED that this action is DISMISSED, without prejudice, for
failure to present a complaint.

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IT IS FURTHER ORDERED that all pending motions, including the application to proceed
in forma pauperis, are DENIED.

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IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff two copies of

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an in forma pauperis application form for a prisoner, one copy of the instructions for same, two

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copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, and one copy of instructions for the

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same.

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///

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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.

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Dated this 23rd day of January, 2012.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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