Opinion
3:23-cv-00066-ART-CLB
02-17-2023
EDMUND HO, Plaintiff v. STATE OF NEVADA, Defendant
ORDER
I. DISCUSSION
On February 14, 2023, Plaintiff Edmund Ho, an inmate in the custody of the Nevada Department of Corrections (“NDOC”), submitted an application to procced in forma pauperis. (ECF No. 1.) Plaintiff has not filed a complaint or any other documents with his application to proceed in forma pauperis.
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 gives Plaintiff until April 21, 2023, to submit a complaint to this Court.
If Plaintiff fails to file a complaint or before April 21, 2023, 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 April 21, 2023.
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.
IT IS FURTHER ORDERED that, if Plaintiff does not file a complaint on or before April 21, 2023, 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.