GOMEZ v. US MARSHAL SERVICE

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION PAUL MICHAEL GOMEZ, ) ) Plaintiff, ) ) v. ) No. 2:20-cv-00571-JPH-MJD ) US MARSHAL SERVICE, et al. ) ) Defendants. ) Order Directing Filing of a Complaint Paul Gomez, an inmate at the Federal Correctional Institution in Terre Haute, Indiana, has filed a motion for emergency injunction and temporary restraining order. That filing resulted in the opening of this lawsuit. But there is one and only one means to commence a civil action in federal court. That means is through the filing of a complaint. Fed. R. Civ. P. 3; In re Allied Signal Corp., 915 F.2d 190, 192 (6th Cir. 1990) ("an action is commenced with the filing of a complaint rather than a motion"); 1 James Wm. Moore et al., MOORE'S FEDERAL PRACTICE § 3.02[1] (3d ed.2000) ("an action is not commenced by . . . filing a motion with the court . . . ."). This motion does not constitute a complaint. If Mr. Gomez wishes to initiate a lawsuit in this Court, he should submit a complaint. The complaint must identify each of the defendants in the caption. Fed. R. Civ. P. 10(a). In addition, a complaint shall: (a) contain "a short and plain statement of the claim . . ." which "give[s] the defendant[s] fair notice of what the … claim is and the grounds upon which it rests" Erickson v. Pardus, 551 U.S. 89, 94 (2007); (b) identify what legal injury Mr. Gomez claims to have suffered and who is responsible for those injuries; and (c) state a request for relief. If Mr. Gomez files a complaint, he must either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so by filing a motion for leave to proceed without the prepayment of the filing fee (in forma pauperis). If Mr. Gomez seeks leave to proceed without prepaying the filing fee, his request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on October 26, 2020. The clerk shall include a complaint form anda form motion to proceed in forma pauperis with Mr. Gomez's copy of this Order. Mr. Gomez shall have through November 30, 2020, to comply with the directions in this Order. If he fails to do so, this action will be subject to dismissal. SO ORDERED. Date: 10/30/2020 James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: PAUL MICHAEL GOMEZ 06609-380 TERRE HAUTE - USP TERRE HAUTE U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808