Opinion
Case No. 3:20-cv-00478-MMD-WGC
08-25-2020
DLYAN E. JEROME, Plaintiff v. ELKO COUNTY JAIL, Defendant
ORDER
I. DISCUSSION
On August 24, 2020, Plaintiff, an inmate in the custody of the Elko County Detention Center, submitted an application to proceed in forma pauperis. (ECF No. 1). Plaintiff has not filed a complaint 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 until on or before October 26, 2020 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 on or before October 26, 2020, the Court will dismiss this case 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 October 26, 2020.
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 October 26, 2020, the Court will dismiss this action without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint.
DATED: August 25, 2020
/s/_________
UNITED STATES MAGISTRATE JUDGE