Lopez v. State Of Nevada

Filing 2

ORDER DISMISSING CASE without prejudice. IT IS FURTHER 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. The Clerk shall return a copy of the document that the Plaintiff filed in this action. Signed by Judge Kent J. Dawson on 6/2/10. (Copies have been distributed pursuant to the NEF - cc: plaintiff - EDS)

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 Plaintiff has submitted a pleading titled "Notice of Intent". Plaintiff neither submitted an application to proceed in forma pauperis nor paid the $350.00 filing fee for a civil action. Plaintiff also failed to include any factual allegations supporting an action under 42 U.S.C. § 1983. To bring a civil rights action, Plaintiff either must pay the $350.00 filing fee or submit a properly completed application to proceed in forma pauperis. Pursuant to Local Rule LSR 1-1, a pauper application must be submitted on the Court's required form. Further, under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, a properly completed application requires both: (a) an inmate account statement; and (b) a financial certificate properly completed for a civil rights action. Accordingly, IT IS HEREBY ORDERED that this action shall be DISMISSED without prejudice; v. STATE OF NEVADA, Defendant. OSVALDO LOPEZ, JR., Plaintiff, Case No. 2:10-CV-00718-KJD-LRL ORDER

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

IT IS FURTHER ORDERED that the Clerk of the 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. The Clerk shall return a copy of the document that Plaintiff filed in this action. DATED this 2nd day of June 2010.

_____________________________ Kent J. Dawson United States District Judge

2