Toy et al v. State Of Nevada et al

Filing 4

ORDER Affirming 3 Report of Findings and Recommendation and the Complaint as to Co-Plaintiff Doris Toy is DISMISSED. Signed by Judge Philip M. Pro on 10/11/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

JOSEPH T. TOY, DORIS CECELIA
TOY,
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Plaintiffs,

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vs.

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CLARK COUNTY, et al.,
Defendants.

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2:-11-CV-00984-PMP-PAL
ORDER

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Before the Court for consideration is Plaintiff Joseph Toy’s

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Motion/Application to Proceed In Forma Pauperis (Doc. #1), filed on June 15, 2011.

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On September 27, 2011, the Honorable Peggy A. Leen, United States Magistrate

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Judge, entered a Report of Findings and Recommendation (Doc. #3) recommending

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that Plaintiff’s Motion/Application to Proceed In Forma Pauperis (Doc. #1) should

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be denied.

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On August 22, 2011, Magistrate Judge Leen entered an Order (Doc. #2)

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requesting Co-Plaintiff, Doris Cecelia Toy to file a separate Application to proceed

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In Forma Pauperis, accompained by a signed financial certificate. Magistrate Judge

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Leen, also requested the Clerk of Court to send Plaintiffs a blank application form

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for pro se litigants who are not incarcerated. Plaintiffs were given 30 days from the

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date of Magistrate Judge Leen’s Order to make the necessary arrangements to pay

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the filing fee of $350.00, accompained by a copy of her Order (Doc. #2), and failure

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to do so would result in a recommendation for the District Judge to dismiss this

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action. Plaintiffs have failed to comply and the time to do so has now expired.

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The Court has conducted a de novo review of the record in this case in

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accordance with 28 U.S.C.§ 636(b)(1) and Local Rule IB 3-2(a) and determines that

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Magistrate Judge Leen’s Report of Findings and Recommendation should be

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Affirmed.

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IT IS THEREFORE ORDERED that Magistrate Judge Leen’s Report of

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Findings and Recommendation (Doc. #3) are Affirmed and the Complaint as to Co-

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Plaintiff Doris Toy is DISMISSED.

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DATED: October 11, 2011.

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PHILIP M. PRO
United States District Judge

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