Collins v. People Of The State Of Nevada et al

Filing 5

ORDER Denying 4 "Rule 60 Demur" filed by David Collins. Signed by Judge Philip M. Pro on 8/16/11. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 DAVID L. COLLINS, 10 Plaintiff, 11 vs. 12 Case No. 2:11-CV-01205-PMP-(PAL) PEOPLE OF THE STATE OF NEVADA, et al., ORDER 13 Defendants. 14 15 Plaintiff has filed a document titled “Rule 60 Demur” (#4), which the court construes as a 16 motion for relief from the judgment pursuant to Rule 60 of the Federal Rules of Civil Procedure. 17 The filing fee of $350 is a matter of law. 28 U.S.C. § 1914(a). Because plaintiff is a 18 prisoner, he must pay that fee, either in full at the commencement of this action or through monthly 19 installments if the court grants him leave to proceed in forma pauperis. 28 U.S.C. § 1915(b). The 20 court dismissed this action because plaintiff, a prisoner, neither paid the filing fee nor submitted an 21 application to proceed in forma pauperis accompanied by a statement of his inmate account and a 22 financial certificate signed by the appropriate prison official. Nothing in plaintiff’s motion (#4) 23 would cause the court to reinstate the action. The dismissal was without prejudice, so plaintiff may 24 commence a new action if he pays the fee or if he files the correct documents. 25 /// 26 /// 27 /// 28 /// 1 IT IS THEREFORE ORDERED that plaintiff’s “Rule 60 Demur” (#4), which the court 2 construes as a motion for relief from the judgment pursuant to Rule 60 of the Federal Rules of Civil 3 Procedure, is DENIED. 4 DATED: August 16, 2011. 5 6 _________________________________ PHILIP M. PRO United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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