Opinion
2:10-CV-54 JCM (LRL).
September 3, 2010
ORDER
Presently before the court is plaintiff Cecil Hall's amended motion for order to show cause for a preliminary injunction and a temporary restraining order. (Doc. #6).
Plaintiff filed his complaint on January 13, 2010, alleging racial discrimination and violation of his free exercise of religion. (Doc. #1). On May 17, 2010, the court granted plaintiff's motion to proceed in forma pauperis, but ordered that the case be screened under 28 U.S.C. § 1915A before filing the complaint. (Doc. #4). Because the clerk had not yet screened or filed the case, the court denied plaintiff's January 13, 2010, motion for order to show cause for injunction and TRO (doc. #2) as untimely. (Doc. #5).
As of August 30, 2010, the complaint has not been filed or screened. Therefore, plaintiff's amended motion (doc. #6) is also untimely. Plaintiff may properly file motions after the case is screened and the complaint has been filed.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiff Cecil Hall's amended motion for order to show cause (doc. #6) be DENIED.
DATED September 3, 2010.