Robinson v. Murry et al

Filing 2

ORDERED that Plaintiff shall file an Application to Proceed in forma pauperis or shall make arrangements to pay the $350 filing fee. Plaintiff shall have 30 days from the date on which this Order is entered to comply. Clerk shall send Plaintiff a blank ifp application. Signed by Magistrate Judge George Foley, Jr. on 10/18/11. (Copies have been distributed pursuant to the NEF; copy of ifp application to Plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES ROBINSON,

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Plaintiff,
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vs.
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ANTHONY MURRY, et al.,
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Defendants.
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__________________________________________)

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Case No. 2:11-cv-1664-GMN-GWF
ORDER
Civil Rights Complaint (#1)

This matter comes before the Court on Plaintiff’s Civil Rights Complaint (#1), filed on

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October 14, 2011. Plaintiff James Robinson is proceeding in this action pro se. Plaintiff submitted

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a Complaint (#1) pursuant to 42 U.S.C. § 1983, but Plaintiff did not pay the required filing fee of

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$350.00 or file an application to proceed in Forma Pauperis in compliance with 28 U.S.C. §

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1915(a)(1) and (2) and Local Rules LSR 1-1 and 1-2.

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Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil

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action in federal district court. The Court may waive the filing fee where a prisoner-plaintiff

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complies with the strict application to proceed in forma pauperis filing requirements imposed by

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the Prison Litigation Reform Act. See 28 U.S.C. § 1915; Page v. Torrey, 201 F.3d 1136, 1139 (9th

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Cir. 2000). These include the requirements that the prisoner-plaintiff seeking to proceed in forma

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pauperis 1) submits a certified copy of his prisoner trust fund account statement for the previous

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six months, 2) pays the full amount of the filing fee, and 3) that a prisoner seeking to file an action

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regarding prison conditions first exhausts available administrative remedies, see 28 U.S.C. §

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1915(a)-(b); Page, 201 F.3d at 1139. Accordingly,

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...

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IT IS HEREBY ORDERED that Plaintiff shall file an Application to Proceed in Forma

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Pauperis, accompanied by a signed financial certificate and certified copy of his prisoner trust fund

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account for the previous six months. The Clerk of the Court shall send Plaintiff a blank application

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form for pro se litigants who are incarcerated. In the alternative, Plaintiff shall make the necessary

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arrangements to pay the filing fee of three hundred fifty dollars ($350.00), accompanied by a copy

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of this Order. Plaintiff shall have thirty (30) days from the date on which this Order is entered to

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comply. Failure to comply will result in a recommendation to the District Judge for dismissal of

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this action.

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DATED this 18th day of October, 2011.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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