Csech v. Gedney et al

Filing 3

ORDER DISMISSING CASE without prejudice. Any appeal of this decision would not be taken in good faith. Clerk shall send petitioner two copies each of IFP application and complaint form, one copy of instructions for each form, and copy of papers su bmitted in this action (sent via US Mail 7/10/13). Clerk shall enter judgment accordingly in favor of respondents and against petitioner. Signed by Chief Judge Robert C. Jones on 7/9/13. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

ROBERT RICHARD CSECH,
9
Plaintiff
10

3:13-cv-00328-RCJ-VPC

vs.

11
KAREN GEDNEY, et al.,

ORDER

12
Defendants
13
14
Plaintiff has submitted an application for a temporary restraining order and a motion for
15
appointment of counsel (ECF No. 1-1 and 1-2). He has not, however, paid the filing fee or applied to
16
proceed in forma pauperis. Neither has he submitted a civil rights complaint pursuant to 42 U.S.C. §
17
1983.
18
The matter has not been properly commenced because the there has been no fee or pauper
19
application filed nor has plaintiff submitted a proper initiating pleading. Under the Federal Rules of
20
Civil Procedure an action is initiated by the filing of a complaint. Fed.R.Civ.P. 3. A motion for
21

temporary restraining order is insufficient to commence the action.1

22
Rule 65(b) provides that the Court may issue a temporary restraining order without notice to the
23
adverse party only if:
24
(A) specific facts in an affidavit or a verified complaint clearly show
25
26
1

27
28

The Court takes notice of its own docket and notes that plaintiff has filed numerous actions and is
well aware of the requirements for proceeding before this court. See e.g., Csech v. Ignacio, 3:05-cv-449ECR-RAM; Csech v. Babb, 3:09-cv-597-LRH-VPC; Csech v. Quinn, 3:13-cv-263-MMD-WGC; Csech v.
Humphreys, 3:13-cv-343-RCJ-WGC. These are only some of plaintiff filings.

1

that immediate and irreparable injury, loss, or damage will result to
the movant before the adverse party can be heard in opposition; and

2
(B) the movant’s attorney certifies in writing any efforts made to give
notice and the reasons why it should not be required.

3
4

Fed.R.Civ.P. 65(b). Plaintiff has not met this standard and he has provided no notice to the adverse
5
parties.
6
Additionally, the Court has examined the motion for temporary restraining order and finds that
7
it does not raise issues that require immediate intervention. Plaintiff complains that he was not
8
examined by the defendant when he had an appointment with her. Instead, she referred him to a
9
psychologist and expressed irritation at his continual rocking motion during the appointment. The
10
motion is not signed under penalty of perjury or verified in any fashion.
11
It does not appear from the papers presented that a dismissal without prejudice will materially
12
affect a later analysis of any timeliness issue with regard to a promptly filed new action. For the above
13
reasons, this matter will be dismissed without prejudice.
14
IT THEREFORE IS ORDERED that this action shall be DISMISSED without prejudice to
15
the filing of a new complaint and motion in a new action with a properly completed pauper application.
16
IT FURTHER IS ORDERED that any appeal of this decision would not be taken in good faith.
17
IT FURTHER IS ORDERED that the Clerk shall send petitioner two copies each of an
18
application form to proceed in forma pauperis for incarcerated persons and a § 1983 civil rights
19
complaint form, one copy of the instructions for each form, and a copy of the papers that he submitted
20
in this action.
21
The Clerk of Court shall enter final judgment accordingly in favor of respondents and against
22
petitioner, dismissing this action without prejudice.
23

DATED: July 9, 2013

24
25
26
27

_______________________________________
ROBERT C. JONES
UNITED STATES CHIEF DISTRICT JUDGE

28
-2-