Book of Timothy v. USDA Office of the Secretary, et al.

• Court: District Court, D. Nevada
• Decided: December 4, 2025
• Docket: 2:25-cv-02379
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5

6 Book of Timothy, Case No. 2:25-cv-02379-NJK1 7 Plaintiff, Order 8 v.

9 USDA Office of the Secretary, et al., 10 Defendant(s). 11 Plaintiff initiated this case by filing a complaint. Docket No. 1-1.2 There are several 12 deficiencies.3 13 First, Plaintiff did not pay the filing fee or file an application to proceed in forma pauperis. 14 To proceed with this case, Plaintiff must either pay the filing fee or file an application to proceed 15 in forma pauperis. See 28 U.S.C. § 1914(a); see also 28 U.S.C. § 1915(a). 16 Second, this case was initiated using a fictitious name of “Book of Timothy,” but the case 17 is apparently being brought by “T.M. Cleveland.” See Docket No. 1-1 at 1, 6. “The normal 18 presumption in litigation is that parties must use their real names.” Doe v. Kamehameha 19 Sch./Bernice Pauahi Bishop Estate, 596 F.3d 1036, 1042 (9th Cir. 2010). No showing has been 20 made to rebut that presumption here. 21 Third, the complaint indicates that Plaintiff seeks to transfer this case to the Eastern District 22 of California. See Docket No. 1-1 at 5. If Plaintiff believes the case is properly adjudicated in the 23 Eastern District of California, it is not clear why Plaintiff filed the case here in the first instance. 24 1 This case is proceeding before the undersigned magistrate judge as part of the opt-out 25 consent program. See Docket Nos. 3-4; see also Gen. Order 2023-11. 26 2 The Court liberally construes the filings of pro se litigants. Erickson v. Pardus, 551 U.S. 89, 94 (2007). 27 3 The Court does not herein address all of the potential obstacles in pursuing this case. The 28 Court may raise additional concerns moving forward as warranted. ] Accordingly, the Court ORDERS as follows: 2 e No later than December 19, 2025, Plaintiff must either (1) pay the filing fee or (2) file an 3 application to proceed in forma pauperis. 4 e No later than December 19, 2025, Plaintiff must either (1) file a request to substitute a real 5 person as the plaintiff in this case using that person’s full name or (2) file a motion 6 explaining why a fictitious entity may litigate this case. 7 e No later than December 19, 2025, Plaintiff must either (1) file a notice of voluntary 8 dismissal of this case for refiling in the Eastern District of California or (2) file a statement 9 explaining why it is proper for this case to be filed in this District given the assertion in the 10 complaint itself that transfer is warranted. 11 Failure to comply with this order may result in sanctions, up to and including case- dispositive sanctions. 13 IT IS SO ORDERED. 14 Dated: December 4, 2025

Nancy J~Koppe 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28