Kerber v. Gillespie et al

Filing 2

ORDER Denying without prejudice 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that the Clerk shall send plaintiff a blank form for an application to proceed in forma pauperis for incarcerated litigants and a blank ci vil rights complaint form with instructions. FURTHER ORDERED that this actions is DISMISSED without prejudice to plaintiff's commencement of a new action. Clerk shall enter judgment accordingly. Signed by Judge James C. Mahan on 11/10/11. (Copies have been distributed pursuant to the NEF; forms to ptf - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MARTIN KERBER,

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Plaintiff,

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vs.

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Case No. 2:11-CV-01794-JCM-(VCF)

COUNTY OF CLARK, et al.,

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ORDER

Defendants.

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Plaintiff, who is a prisoner in custody at the Clark County Detention Center, see 28 U.S.C.

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§ 1915(h), has submitted an application to proceed in forma pauperis (#1) and a civil rights

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complaint pursuant to 42 U.S.C. § 1983. The court dismisses this action because plaintiff did not

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include with his application (#1) a financial certificate and a copy of his inmate account statement,

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as required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (#1) is
DENIED without prejudice.

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IT IS FURTHER ORDERED that the clerk of the court shall send plaintiff a blank form for

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an application to proceed in forma pauperis for incarcerated litigants and a blank civil rights

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complaint form with instructions.

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///

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///

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///

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to plaintiff’s

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commencement of a new action in which he either pays the filing fee in full or submits a complete

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application to proceed in forma pauperis, accompanied by a signed financial certificate and a

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statement of his inmate account. The clerk of the court shall enter judgment accordingly.

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DATED: November 10, 2011.

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_________________________________
JAMES C. MAHAN
United States District Judge

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