Mahe v. State of Nevada et al

Filing 3

ORDER that a decision on the IFP application (ECF No. 1 ) is deferred; Plaintiff will submit a complaint to this Court within 30 days; the Clerk will send Plaintiff the approved form § 1983 complaint with instructions and a copy of ECF No. 1 -1 emergency temporary restraining order (Attached hereto for distribution to P); if Plaintiff does not timely comply with this order, dismissal of this action may result. Signed by Magistrate Judge Carla Baldwin on 5/4/2020. (Attachments: # 1 1983 Complaint Form with instructions, # 2 ECF No. 1-1 ECF No. 1-1 Emergency Temporary Restraining Order)(Copies have been distributed pursuant to the NEF - LW)

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Case 3:20-cv-00261-MMD-CLB Document 3 Filed 05/04/20 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JASON A. MAHE, 4 Plaintiff, 5 6 Case No. 3:20-cv-00261-MMD-CLB ORDER v. STATE OF NEVADA, et al., 7 Defendants. 8 9 I. DISCUSSION 10 Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections 11 (“NDOC”), has filed an application to proceed in forma pauperis and has submitted an 12 emergency temporary restraining order. (ECF Nos. 1, 1-1). Plaintiff has not filed a 13 complaint in this matter. 14 Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by 15 filing a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff 16 thirty (30) days from the date of this order to submit a complaint to this Court. The Court 17 will defer a decision on the application to proceed in forma pauperis until Plaintiff submits 18 a proper initiating document for this case. 19 II. For the foregoing reasons, IT IS ORDERED that a decision on the application to 20 21 proceed in forma pauperis (ECF No. 1) is deferred. IT IS FURTHER ORDERED that Plaintiff will submit a complaint to this Court within 22 23 CONCLUSION thirty (30) days from the date of this order. 24 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 25 approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The 26 Clerk of the Court will also send Plaintiff a copy of his emergency temporary restraining 27 order (ECF No. 1-1). 28 /// Case 3:20-cv-00261-MMD-CLB Document 3 Filed 05/04/20 Page 2 of 2 1 2 3 IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result. DATED: May 4, 2020. 4 5 UNITED STATES MAGISTRATE JUDGE 6 7 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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