Turner v. Nozero et al

Filing 6

ORDER Denying Without Prejudice 4 Application for Leave to Proceed in forma pauperis. Clerk shall mail Plaintiff a blank Application to Proceed In Forma Pauperis. Plaintiff shall complete the Application and file it not later than 4/15/11. Signed by Magistrate Judge Peggy A. Leen on 3/14/11. (Copies have been distributed pursuant to the NEF; blank ifp form to plaintiff - MMM)

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-PAL Turner v. Nozero et al Doc. 6 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 This matter is before the court on Plaintiff's failure to comply with the court's Order (Dkt. #3) entered February 22, 2011. Plaintiff Annette L. Turner is proceeding in this action pro se and has requested authority pursuant to 28 U.S.C. 1915 to proceed in forma pauperis. Previously, she submitted a Complaint and an Application to Proceed In Forma Pauperis (Dkt. #1) on February 3, 2011. The court denied Plaintiff's Application without prejudice because it was incomplete. The Application represented that in the past twelve months, Plaintiff received income from "other sources." However, Plaintiff did not responded to the follow-up question asking her to "describe below or on separate pages each source of money and state the amount that [she] received and what [she] expects to receive in the future." As a result, the court could not determine whether Plaintiff qualified to proceed in forma pauperis. Although Plaintiff filed another Application to Proceed In Forma Pauperis (Dkt. #4) on March 10, 2011, this Application is identical to the previous Application and does not describe the source or amount of Plaintiff's "other income" as set forth in the court's previous Order (Dkt. #3). Plaintiff shall be permitted one final opportunity to complete an Application to Proceed In Forma Pauperis that describes her other income, stating both the amount she received and what she expects to receive in the future. ANNETTE L. TURNER, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) Plaintiff, ) ) vs. ) ) ELIZABETH NOZERO, et al., ) ) Defendants. ) __________________________________________) Case No. 2:11-cv-00190-PMP-PAL ORDER (IFP App - Dkt. #4) Dockets.Justia.com 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 Accordingly, IT IS ORDERED: 1. Plaintiff's Application to Proceed In Forma Pauperis (Dkt. #4) is DENIED WITHOUT PREJUDICE. 2. The Clerk of Court shall mail Plaintiff a blank Application to Proceed In Forma Pauperis for non-incarcerated litigants. 3. Plaintiff shall complete the Application in full and file it with the court no later than April 15, 2011. 4. Failure to comply with this Order will result in a recommendation to the District Judge that Plaintiff's Application be denied. Dated this 14th day of March, 2011. ________________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 2

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