Walker v. Haley

Filing 5

ORDER DISMISSING CASE without prejudice to filing a new complaint in a new action under a new docket number with either payment of filing fee or properly completed IFP application. IFP application 1 and Motion to Amend 3 are DENIED as moot. Cl erk shall send plaintiff two copies each of complaint form and IFP application form, along with instructions for each form and of all papers he submitted in this action (copies/forms sent via US Mail 7/10/13). Clerk shall enter judgment accordingly. Signed by Chief Judge Robert C. Jones on 7/9/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHN WALKER,
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Plaintiff,

3:13-cv-00192-RCJ-WGC

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vs.

ORDER

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MICHAEL HALEY,
Defendant.

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This prisoner civil rights action comes before the Court for initial review following upon

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plaintiff’s filing of an application to proceed in forma pauperis and further upon plaintiff’s

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motion (#3) to amend.

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Under Local Rule LSR 2-1, a pro se plaintiff must file the complaint on the Court’s

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required civil rights complaint form. In the present case, both the original complaint and the

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proposed amended complaint are completely handwritten pleadings.

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It does not appear from review of the allegations presented that a dismissal without

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prejudice of the present improperly-commenced action would materially impact the analysis

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of any timeliness issue or other issues in a promptly-filed new action. In this regard, plaintiff

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alleged in his pleadings, inter alia, that his legal papers were being interfered with and he was

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being placed in solitary confinement at the Washoe County Detention Facility. Plaintiff now

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is held at the Northern Nevada Correctional Center. Any arguendo alleged prior impediments

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in this regard accordingly cannot impact his current ability to properly commence an action

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on the required forms.

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IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice

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to the filing of a new complaint on the required civil rights complaint form in a new action

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under a new docket number with either payment of the filing fee or a properly completed

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pauper application, with new financial attachments.

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IT FURTHER IS ORDERED that the application (#1) to proceed in forma pauperis and
motion (#3) to amend are DENIED without prejudice as moot in this action.

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The Clerk of Court shall send plaintiff two copies each of a civil rights complaint form

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and a pauper application form, along with one copy of the instructions for each form and of

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all papers that he submitted in this action.

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The Clerk shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED: July 9, 2013

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__________________________________
ROBERT C. JONES
Chief United States District Judge

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