Campbell v. Clark County Courthouse
Campbell v. Clark County Courthouse
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 * * *
4 LATOSHA MCINTYRE SLACK Case No. 2:23-cv-00150-APG-EJY CAMPBELL, 5 Plaintiff, 6 ORDER v. 7 CLARK COUNTY COURTHOUSE, 8 Defendants. 9 10 Plaintiff, proceeding pro se, filed an Initiating Document with the Clerk of Court in an 11 apparent attempt to commence a civil action in the Court. ECF No. 1-1. However, Plaintiff did 12 not submit a complaint, and neither filed a complete application to proceed in forma pauperis nor 13 paid the filing fee. In order to commence a case in federal court Plaintiff must do the following: 14 1. Either pay the $402 filing fee or file a complete application to proceed in forma 15 pauperis (see
28 U.S.C. § 1915(a)(1); U.S. District Court for the District of Nevada Local Rule 16 LSR 1-1); and, 17 2. Comply with Local Special Rule 2-1 requiring a civil rights complaint filed by a 18 person who is not represented by an attorney to be submitted on the form provided by the Court. 19 Plaintiff’s initiating document is not on the Court’s form, identifies one Defendant, Clark 20 County Courthouse, which is not a proper defendant, and fails to state a claim upon which relief 21 may be granted. Yates v. NaphCare, Case No. 2:12-cv-01865-JCM,
2013 WL 4519349, at *3 (D. 22 Nev. Aug. 23, 2013) (dismissing plaintiff’s complaint against Clark County Detention Center); 23 Belssner v. Nevada, Case No. 2:15-cv-00672-APG-PAL,
2017 WL 2990848, at *1 (D. Nev. July 24 12, 2017) (dismissing plaintiff’s complaint against the Regional Justice Center). The Court 25 provides Plaintiff one opportunity to correct her errors. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court must send Plaintiff 27 the approved form application to proceed in forma pauperis by a non prisoner, together with the 28 document titled Information and Instructions for Filing an in forma pauperis Application. 1 IT IS FURTHER ORDERED that the Clerk of Court must also send Plaintiff the approved 2|| form for filing a
42 U.S.C. § 1983complaint and instructions for the same. 3 IT IS FURTHER ORDERED that on or before April 1, 2023, Plaintiff must (1) file a 4|| complaint on the Court’s form that includes all defendants and causes of actions she wishes to 5|| present supported by facts that support the elements of the claims asserted; and (2) either a 6|| complete application to proceed in forma pauperis by anon prisoner, in compliance with 28 U.S.C. 7\| § 1915(a) and LSR 1-1, or pay the $402 filing fee for a civil action. 8 IT IS FURTHER ORDERED that if Plaintiff fails to file a complaint in compliance with 9|| LSR 2-1 and either pay the $402 filing fee or file a complete application to proceed in forma 10|| pauperis on or before April 1, 2023, the Court will recommend dismissal of this action without prejudice. A dismissal without prejudice allows Plaintiff to file her case with the Court, under a || new case number, when she is able to comply with LSR 2-1 and file a complete application to 13 || proceed in forma pauperis or pay the required filing fee. 14 DATED this Ist day of March, 2023. 15 16 man 7. hi ; UNITED STATES MAGISTRATE JUDGE
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Reference
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