Opinion
3:12-cv-00520-LRH-WGC
10-09-2012
TONY G. HEWITT, #80867 Plaintiff, v. JAMES STOGNER, et al. Defendants.
ORDER
On September 26, 2012, the court received a handwritten document from plaintiff entitled "motion requesting temporary injunction" (ECF #1-1). Such document is insufficient to initiate a civil rights action in this court. First, a motion for a preliminary injunction must also be accompanied by a civil rights complaint and either the $350 filing fee or an application to proceed in forma pauperis. Second, the Local Rules require plaintiffs appearing in pro se, such as this plaintiff, to file all applications to proceed in forma pauperis and complaints or petitions on the court's approved forms. LSR 2-1("[a] civil rights complaint filed by a person who is not represented by counsel shall be on the form provided by this court.").
Accordingly, plaintiff's action is dismissed without prejudice. If plaintiff wishes to pursue this matter, he should file a new action, with a new case number, and a complaint on the court-approved forms, with either the filing fee or a completed application to proceed in forma pauperis on the court-approved form. The application must be accompanied by all required financial documentation, as described in the instructions for use of the form.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice.
IT IS THEREFORE ORDERED that the Clerk SHALL SEND to plaintiff the approved forms for filing a civil rights lawsuits under 42 U.S.C. §1983 and an Application to Proceed In Forma Pauperis by a prisoner, as well as the document "Information and Instructions for Filing a Motion to Proceed In Forma Pauperis."
IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case.
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LARRY R. HICK
UNITED STATES DISTRICT JUDGE