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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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DAVID L. COLLINS,

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Plaintiff,

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vs.

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Case No. 2:11-CV-01205-PMP-(PAL)

PEOPLE OF THE STATE OF NEVADA,
et al.,

ORDER

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Defendants.
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Plaintiff has filed a document titled “Rule 60 Demur” (#4), which the court construes as a

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motion for relief from the judgment pursuant to Rule 60 of the Federal Rules of Civil Procedure.

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The filing fee of $350 is a matter of law. 28 U.S.C. § 1914(a). Because plaintiff is a

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prisoner, he must pay that fee, either in full at the commencement of this action or through monthly

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installments if the court grants him leave to proceed in forma pauperis. 28 U.S.C. § 1915(b). The

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court dismissed this action because plaintiff, a prisoner, neither paid the filing fee nor submitted an

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application to proceed in forma pauperis accompanied by a statement of his inmate account and a

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financial certificate signed by the appropriate prison official. Nothing in plaintiff’s motion (#4)

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would cause the court to reinstate the action. The dismissal was without prejudice, so plaintiff may

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commence a new action if he pays the fee or if he files the correct documents.

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IT IS THEREFORE ORDERED that plaintiff’s “Rule 60 Demur” (#4), which the court

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construes as a motion for relief from the judgment pursuant to Rule 60 of the Federal Rules of Civil

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Procedure, is DENIED.

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DATED: August 16, 2011.

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_________________________________
PHILIP M. PRO
United States District Judge

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