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2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 * * *

5 In Re Anthony Michael Gioiosa, Sr. Case No. 2:21-cv-01655-JAD-BNW

6 ORDER 7

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9 10 Plaintiff submitted initiating documents to this Court on September 8, 2021. ECF No. 1. 11 Plaintiff did not pay the filing fee for this case or file an application to proceed in forma pauperis. 12 If Plaintiff is unable to pay the filing fee in this case, Plaintiff must complete an 13 application to proceed in forma pauperis under

(a)(1) and Local Special Rule 14 (“LSR”) 1-1. If Plaintiff can pay the filing fee, he must do so. 15 Furthermore, Plaintiff must submit a complaint if he wants this case to proceed. The Court 16 reviewed ECF No. 1-1 and ECF No. 3, the only two substantive documents submitted by 17 Plaintiff. Even liberally construing these documents, it is impossible to understand what claims 18 Plaintiff is attempting to bring and who Plaintiff is attempting to sue. 19 To help Plaintiff file a properly formatted complaint, the Court now advises Plaintiff of 20 the following requirements under the Federal Rules of Civil Procedure. Plaintiff is also advised 21 that failure to comply with these rules when drafting and filing his amended complaint may result 22 in this action being dismissed. 23 First, Plaintiff is advised that he must specify which claims he is alleging against which 24 defendants. Although the Federal Rules of Civil Procedure adopt a flexible pleading policy, 25 Plaintiff still must give defendants fair notice of each of the claims he is alleging against each 26 defendant. Specifically, he must allege facts showing how each named defendant is involved and 27 the approximate dates of their involvement. Put another way, Plaintiff should tell the Court, in 1 || the framework of a complaint, they must be supported with factual allegations.” Ashcroft v. Iqbal, 2 ||

(2009). 3 Second, Plaintiff's amended complaint must be short and plain. The simpler and more 4 || concise Plaintiff's complaint, the easier it is for the Court to understand and screen it. The Federal 5 || Rules also require this. Under Federal Rule of Civil Procedure 8, Plaintiff's amended complaint 6 || must contain “a short and plain statement of the claim showing that [Plaintiff] is entitled to 7 || relief.” Fed. R. Civ. P. 8(a)(2). “Each allegation must be simple, concise, and direct.” Fed. R. 8 || Civ. P. 8(d)(1). “A party must state its claims or defenses in numbered paragraphs, each limited 9 || as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b). “[E]ach claim 10 || founded on a separate transaction or occurrence . . . must be stated in a separate count.” Jd. 11 IT IS THEREFORE ORDERED that the Clerk of the Court must send Plaintiff the 12 || approved form application to proceed in forma pauperis, as well as the document titled 13 || “Information and Instructions for Filing an In Forma Pauperis Application.” 14 IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff a form 15 || complaint. 16 IT IS FURTHER ORDERED that, by March 8, 2022, Plaintiff must either: (1) file a 17 || complete application to proceed in forma pauperis in compliance with

(a)(1) and 18 || LRS 1-1; or (2) pay the full $402 fee for a civil action, which includes the $350 filing fee and the 19 || $52 administrative fee. By March 8, 2022, Plaintiff must also file a complaint. Plaintiff is advised 20 || that failure to comply with this order will result in a recommendation that this case be dismissed. 21 22 DATED: February 16, 2022. 23 GE ple Usebatn, Brenda Weksler 24 United States Magistrate Judge 25 26 27 28