Opinion
3:22-cv-00455-ART-CSD
10-18-2022
JOSEPH MANUEL BERUMEN, Plaintiff v. ELKO COUNTY SHERIFF DEPT., Defendant
ORDER
I. DISCUSSION
On October 14, 2022, Plaintiff, an inmate in the custody of the Nevada Department of Corrections (“NDOC”), submitted an untitled document (ECF No. 1-1). Plaintiff has not submitted a complaint.
Under Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing a complaint with the court.” Fed.R.Civ.P. 3. As such, the Court grants Plaintiff a onetime opportunity until December 16, 2022, to submit a complaint to this Court.
Absent unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff is unable to file a complaint by December 16, 2022, this case will be subject to dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to file a complaint. A dismissal without prejudice means Plaintiff does not give up the right to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff will submit a complaint to this Court on or before December 16, 2022.
IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk of the Court will also send Plaintiff a copy of his initiating document (ECF No. 1 -1).
IT IS FURTHER ORDERED that, if Plaintiff does not submit a complaint on or before December 16, 2022, this case will be subject to dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint.