Christian v. United States ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 Eric Leon Christian, Case No. 2:24-cv-00842-CDS-BNW 5 Plaintiff, ORDER and 6 v. REPORT AND RECOMMENDATION 7 United States of America, 8 Defendant. 9 10 On May 1, 2024, Plaintiff moved to proceed in forma pauperis but did not attach a 11 complaint. ECF No. 1. A few days later, the Court ordered Plaintiff to file a complaint by June 3, 12 2024. ECF No. 3. Plaintiff has not done so. Instead, Plaintiff has filed numerous documents 13 claiming various forms of relief. ECF No. 5 (Demand for Judgment); ECF No. 7 (Ex Parte 14 Emergency Habeas Appeal); ECF No. 9 (Emergency Motion for Ex Parte Writ of Attachment 15 Ruling); ECF No. 12 (Demand for Judgment). Accordingly, the Court recommends that ECF 16 Nos. 5, 9, and 12 be dismissed as premature because the Court has not received a complaint from 17 Plaintiff and, as a result, has not been able to screen it to see if he asserts a claim for relief. The 18 Court also recommends that ECF No. 7 be denied because no allegations accompany the habeas 19 appeal. To the extent that Plaintiff intends to assert a habeas claim, he must fill out the correct 20 form. 21 IT IS RECOMMENDED that ECF Nos. 5, 7, 9, and 12 be DENIED without prejudice. 22 IT IS ORDERED that Plaintiff has 30 days to file a complaint. 23 IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff a court- 24 approved complaint form and habeas form. 25 NOTICE 26 This report and recommendation is submitted to the United States district judge assigned 27 to this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation 1 || served with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely 2 || objection may waive the right to appeal the district court’s order. Martinez v. Yist, 951 F.2d 1153, 3 || 1157 (th Cir. 1991). 4 5 DATED: June 10, 2024 6 Li gum la Wear, BRENDA WEKSLER 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28