Opinion
Case No. 3:20-cv-00135-MMD-CLB
03-02-2020
ANTHONY BROOKS, Plaintiff v. ALZATE, et al., Defendants
ORDER
I. DISCUSSION
Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections ("NDOC"), has filed a notice of complaint. (ECF No. 1-1). Plaintiff has not filed a complaint or an application to proceed in forma pauperis in this matter.
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 forty-five (45) days from the date of this order to submit a complaint to this Court.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff will be granted an opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis he must file a fully complete application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court WILL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that within forty-five (45) days from the date of this order, Plaintiff must either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee).
IT IS FURTHER ORDERED that Plaintiff will submit a complaint to this Court within forty-five (45) days from the date of this order.
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 notice of complaint. (ECF No. 1-1).
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.
DATED: March 2, 2020.
/s/_________
UNITED STATES MAGISTRATE JUDGE