Daniel Girma v. Lucky’s Gaming and Spirits Casino

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 Daniel Girma, Case No. 2:26-cv-00511-JAD-BNW

5 Plaintiff, ORDER 6 v.

7 Lucky’s Gaming and Spirits Casino,

8 Defendant.

9 10 Pro se plaintiff brings attempts to bring claims against Lucky’s Gaming and Spirits 11 Casino. He moves to proceed in forma pauperis. ECF No. 1. He submitted the affidavit required 12 by 28 U.S.C. § 1915(a) showing an inability to prepay fees or costs or give security for them. 13 Therefore, his request to proceed in forma pauperis therefore will be granted. 14 Plaintiff has not filed a complaint in this case. Plaintiff must file a complaint making clear 15 what claims he intends to bring, who are the individuals involved, and a concise set of allegations 16 that support each of his claims. Plaintiff’s complaint will be due no later than March 27, 2026. 17 Failure to file a complaint by that date may result in the dismissal of this action. 18 Plaintiff also attached a motion entitled as a motion for a temporary protective order, 19 which this Court construes as a request for the Defendant to preserve evidence. Courts do not 20 need to issue such orders as case law makes clear that the duty to preserve evidence arises once 21 litigation is reasonably foreseeable. Gonzalez v. Las Vegas Metropolitan Police Dept., Case No. 22 2:09-cv-00381-JCM-PAL, 2012 WL 1118949, at *5 (D. Nev. Apr. 2, 2012). In addition, Plaintiff 23 appears to have already sent the letter to Defendant requesting that evidence be preserved. Should 24 it turn out that evidence material to the case has not been preserved Plaintiff may seek appropriate 25 sanctions at a future time. As a result, this Court denies the motion at ECF No.1-1 which is 26 construed as a motion to preserve evidence. 27 ] IT IS THEREFORE ORDERED that Plaintiffs application to proceed in forma 2 || pauperis (ECF No. 1)is GRANTED. Plaintiff permitted to maintain this action to conclusion 3 || without prepaying fees or costs or giving security for them. 4 IT IS FURTHER ORDERED that Plaintiff must file a complaint no later than March 27, 5 || 2026. Failure to do so may result in the dismissal of this case. 6 IT IS FURTHER ORDERED that Plaintiff's motion at ECF NO. 1-1 is DENIED. 7 IT IS FURTHER ORDERED that the clerk of court must detach and separately file ECF 8 || No. 1-1. 9 10 DATED: February 25, 2026 1] 12 LK gemletrrebatn BRENDA WEKSLER 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28