Viox v. Porter et al

Filing 4

ORDER Decision on IFP application 1 is deferred. Plaintiff shall submit a complaint within 30 days. Clerk shall send to Plaintiff a complaint form and instructions. Clerk shall also send Plaintiff copy of his affidavit and exhibits 1 -1 (all documents sent 7/11/14). Signed by Magistrate Judge William G. Cobb on 7/10/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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NANCY PORTER et al.,
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Defendants.
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___________________________________ )

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I.

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CHARLES DEAN VIOX,

3:14-cv-00357-MMD-WGC
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has filed an application to proceed in forma pauperis and has submitted an affidavit

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with exhibits. (ECF No. 1, 1-1). Plaintiff has not filed a complaint in this matter.

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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing

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a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff thirty (30)

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days from the date of this order to submit a complaint to this Court. The Court will defer a

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decision on the application to proceed in forma pauperis until Plaintiff submits a proper

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initiating document for this case.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that a decision on the application to

proceed in forma pauperis (ECF No. 1) is deferred.
IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court within
thirty (30) days of the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the

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approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk

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of the Court shall also send Plaintiff a copy of his affidavit and exhibits (ECF No. 1-1).

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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.

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DATED: This 10th day of July, 2014.

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_________________________________
United States Magistrate Judge

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