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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JOSE LUIS ORTIZ,

Plaintiff,

vs. Case No. 5:10cv54/RS/MD

FEDERAL PRISONS CAMP,

Defendant.

_______________________________________________________________________

O R D E R

Plaintiff, a prisoner proceeding pro se, initiated this action by filing a document

entitled “Official Request for Extension of Time and Where About the Injury at Facts by

Medical Negligence Petitioner Under the Federal Rules of Civil Procedure under Federal

Civil Title 28 U.S.C. 1654.” (Doc. 1). Plaintiff did not submit a filing fee or motion to 1

proceed in forma pauperis. In the body of plaintiff’s “request,” he alleges that his

administrative tort claim was denied on October 8, 2009, that he has six months from that

date to file suit under the Federal Tort Claims Act (“FTCA”), and that he has been without

his legal property since February 7, 2010. (Doc. 1, p. 1). As relief, he seeks an

unspecified extension of time in which to file an FTCA complaint. 

Under 28 U.S.C. § 2401(b), there is a six-month limitations period for filing an FTCA

claim – an action must be commenced within six months after the date on which the

agency mailed notice of its final denial of the claim. Until a complaint is filed, this court

lacks jurisdiction to consider its timeliness or whether any exceptions to the statute of

limitations may apply. The court will therefore direct the Clerk to send plaintiff an FTCA

complaint form, so that he may file his complaint. See N.D. Fla. Loc. R. 5.1(J)(2) (providing

Title 28 U.S.C. § 1654 provides that a party may plead and conduct his own case personally or by

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counsel.
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that the court will not accept for consideration a pro se complaint filed under 28 U.S.C. §

1331 or § 1346 unless the appropriate form is properly completed, signed, and filed by the

litigant). Due to the six-month time limitation, plaintiff should file his complaint as quickly

as possible.

Additionally, plaintiff has neither paid the $350.00 filing fee nor applied for leave to

proceed in forma pauperis. Plaintiff’s case cannot proceed until he either pays the filing

fee or files a complete application to proceed in forma pauperis. A complete application

includes a motion with supporting affidavit, a prisoner consent form and a financial

certificate with account attachments (a printout of the transactions in plaintiff’s inmate trust

account for the six-month period immediately preceding the filing of his complaint). 

Accordingly, it is ORDERED:

1. Plaintiff’s request/motion for extension of time (doc. 1) is DENIED as premature.

2. The Clerk of Court shall forward to plaintiff a civil complaint form for use in

actions under 28 U.S.C. § 1331 or § 1346, and a form application to proceed in forma

pauperis. This case number should be written on the forms.

3. If plaintiff intends to file suit under the FTCA, he must complete and file the

complaint form and either pay the filing fee or submit a completed in forma pauperis

application.

4. If there is no activity in this file within ninety (90) days, the Clerk shall refer the

file to chambers.

DONE AND ORDERED this 19 day of March, 2010.

th

 /s/ Miles Davis

MILES DAVIS

UNITED STATES MAGISTRATE JUDGE

Case No: 5:10cv54/RS/MD