Brown-Younger v United States Government

Filing 11

ORDER that Plaintiffs Application to Proceed In Forma Pauperis 1 is DENIED WITHOUT PREJUDICE. The Clerk of Court shall mail Plaintiff a blank application, and Plaintiff shall have until September 22, 2011, in which to submit the completed applicat ion or pay the $350.00 filing fee. Failure to comply with this order will result in a recommendation to the district judge for dismissal. The Clerk of Court shall retain Plaintiffs Complaint. Plaintiffs Motion for Service 4 is DENIED as premature. Plaintiffs Motion for CM/ECF Access 25 is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Peggy A. Leen on 8/22/11. (Copies have been distributed pursuant to the NEF - ECS, cc: form to plaintiff)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KIRSHA BROWN-YOUNGER,

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Plaintiff,
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vs.
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THE UNITED STATES GOVERNMENT,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-00971-KJD-PAL
ORDER
(IFP App - Dkt. #1)
(Mtn for Svs- Dkt. #4)
(Mtn for CM/ECF - Dkt. #10)

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This matter is before the court on Plaintiff’s Application to Proceed In Forma Pauperis (Dkt.

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#1). Plaintiff is proceeding in this action pro se, has requested authority pursuant to 28 U.S.C. § 1915

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to proceed in forma pauperis, and submitted a Complaint (Dkt. #1). This proceeding was referred to

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this court by Local Rule IB 1-9.

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I.

Application to Proceed In Forma Pauperis (Dkt. #2).

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Plaintiff has submitted an incomplete Application to Proceed In Forma Pauperis. Plaintiff has

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not responded to questions 1 or 5; and she has not responded fully to questions 3, 7, or 8. With regard

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to question 7, she has not stated how much she contributes to her son’s support, and regarding question

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8, she has not described the amounts owed or stated to whom they are owed. As a result, the court

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cannot determine whether Plaintiff qualifies to proceed in forma pauperis, and her Application will be

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denied without prejudice. The Clerk of Court shall retain the Complaint.

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II.

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Motion for Service (Dkt. #4).
Plaintiff requests an order that her Complaint and summons be served upon Defendant. Service

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is not appropriate until after the court has screened Plaintiff’s Complaint. The court will not screen

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Plaintiff’s Complaint until she has been approved to proceed in forma pauperis. Once Plaintiff’s

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Complaint has been screened and found to state a claim upon which relief can be granted, the court will

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direct the Complaint to be served by the U.S. Marshal’s Service. Plaintiff’s Motion for Service (Dkt.

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#4) will be denied as premature.

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III.

Motion for CM/ECF Access (Dkt. #10).

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Plaintiff requests permission to access the court’s electronic filing system, CM/ECF, to

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electronically file and view submissions. Plaintiff has not yet stated a claim upon which relief can be

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granted. Therefore, her request will be denied without prejudice, and she may renew her request after

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such time as the court screens Plaintiff’s Complaint and finds it states a cognizable claim.

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Accordingly,

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IT IS ORDERED:

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1.

Plaintiff’s Application to Proceed In Forma Pauperis (Dkt. #1) is DENIED WITHOUT

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PREJUDICE. The Clerk of Court shall mail Plaintiff a blank application, and Plaintiff

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shall have until September 22, 2011, in which to submit the completed application or

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pay the $350.00 filing fee. Failure to comply with this order will result in a

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recommendation to the district judge for dismissal.

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2.

The Clerk of Court shall retain Plaintiff’s Complaint.

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3.

Plaintiff’s Motion for Service (Dkt. #4) is DENIED as premature.

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4.

Plaintiff’s Motion for CM/ECF Access (Dkt. #25) is DENIED WITHOUT PREJUDICE.

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Dated this 22nd day of August, 2011.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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