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)
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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?