Gioiosa v. Nevada Department of Business Bereau

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA ANTHONY MICHAEL GIOIOSA, SR.,

Case No.: 2:21-cv-00700-JAD-NJK

Plaintiff(s),

ORDER v. NEVADA DEPARTMENT OF BUSINESS BUREAU, et al.,

Defendant(s).

Plaintiff is proceeding in this action pro se and has initiated this case. Docket No. 1. Plaintiff has not, however, paid the required filing fee or requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. To proceed with this case, Plaintiff must either pay the filing fee or file a fully complete application to proceed in forma pauperis, including an inmate account statement for the past six months and a properly executed financial certificate.

In addition, Plaintiff has not filed a complaint. Indeed, it appears that Plaintiff’s filing may be a request directed at state or city entities rather than a complaint for relief from the Court. See Docket No. 1-1. To the extent Plaintiff is seeking to bring a lawsuit, he must file a complaint that clearly identifies who is being sued, for what relief, and on what theory, with enough detail to guide discovery. See McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1995); Fed. R. Civ. P. 8(a).1

Accordingly, IT IS ORDERED:

1. Plaintiff shall either make the necessary arrangements to pay the filing fee, accompanied by a copy of this order, or file a fully complete application to proceed in forma

1 Although the Court liberally construes complaints drafted by pro se litigants, they still must comply with the basic requirements of Rule 8. See, e.g., Montgomery v. Las Vegas Metro. Police Dept., 2014 WL 3724213, at *3 n.3 (D. Nev. July 28, 2014). pauperis, including an inmate account statement for the past six months and a properly executed financial certificate.

2. The Clerk of the Court shall send Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for

5] filing an in forma pauperis application.

3. Plaintiff must file a complaint that complies with the requirements of Rule 8. 4. Plaintiff must comply with this order no later than June 1, 2021. Failure to comply will result in a recommendation to the District Judge that this case be dismissed.

IT IS SO ORDERED.

Dated: April 29, 2021 A. ll ge tinite Stee aD istrate Judge

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