Almanza v. Henderson Detention Center and Custodians et al

Filing 3

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED this action is DISMISSED without prejudice for plaintiff's commencement of a new action. IT IS FURTHER ORDERED that the Clerk of Court shall sen d plaintiff two copies of IFP application and civil rights complaint, with instructions. Clerk further shall return a copy of the papers plaintiff submitted in this action. Clerk shall enter final judgment accordingly. Signed by Judge Kent J. Dawson on 6/11/10. (Copies have been distributed pursuant to the NEF - cc plaintiff - EDS)

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1 2 3 4 5 6 7 8 STEVE R. ALMANZA, 9 Plaintiff, 10 vs. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, a detainee or inmate in municipal custody, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action. The application submitted is incomplete. Plaintiff did not attach an inmate account statement. Both a properly executed financial certificate and a statement from the plaintiff's inmate trust fund account for the past six months are required by 28 U.S.C. 1915(a)(2) and Local Rule LSR1-2. IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is DENIED. IT FURTHER IS ORDERED that this action shall be DISMISSED without prejudice to plaintiff's commencement of a new action in which he submits a new complaint and either pays the $350.00 filing fee or submits a new properly completed application to proceed in forma pauperis, with both a new properly executed financial certificate and copy of his inmate trust fund account statement. HENDERSON DETENTION CENTER AND CUSTODIANS, et al. Defendants. ORDER 2:10-cv-00044-KJD-LRL UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT FURTHER IS ORDERED that the Clerk of Court shall send plaintiff two copies each of a civil rights complaint form and an application form to proceed in forma pauperis for incarcerated persons, along with a copy of the instructions for each form. The Clerk further shall return a copy of the papers that plaintiff submitted in this action. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice to the timely filing of a new complaint in a new action with a properly completed pauper application. DATED: June 11, 2010. ________________________________ KENT J. DAWSON United States District Judge -2-

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