Manning v. State Of Nevada

Filing 2

ORDER Denying 1 Application for Leave to Proceed in forma pauperis. Plaintiff shall have until, and including, April 30, 2012, to either (1) pay the $350 filing fee for this action, or (2) submit an amended complaint. Signed by Judge James C. Mahan on 4/11/2012. (Copies have been distributed pursuant to the NEF; CC: Atty Gen. - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KENNETH DUANE MANNING,

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Plaintiff,

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vs.

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STATE OF NEVADA,

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Defendant.

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2:12-cv-0174-JCM-CWH
ORDER

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This is a civil rights action submitted by the plaintiff, Kenneth Duane Manning along

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with an application to proceed in forma pauperis. However, under 28 U.S.C. § 1915(g), Manning

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has been banned from filing actions in forma pauperis unless he can show he is in imminent danger

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of serious physical injury. See Manning v. Baca, 3:06-cv-00422-LRH-VPC. Manning’s complaint is

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against the State of Nevada alleging that he is being denied the “right to marry the same sex and to

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enguage [sic] in sexual relations in private” in violation of his First and Fourteenth Amendment

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rights. The allegations include no indication that he is in imminent danger of serious physical harm

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and raise no issues about his physical well-being. Thus, the application to proceed in forma pauperis

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shall be denied and plaintiff will be required to pay the full $350 filing fee or the complaint and this

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action shall be dismissed without prejudice.

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IT IS THEREFORE ORDERED that plaintiff’s application to proceed in forma

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pauperis (ECF No. 1) is DENIED.

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IT IS FURTHER ORDERED that plaintiff shall have until, and including,

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April 30, 2012, to either (1) pay the $350 filing fee for this action, or (2) submit an amended

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complaint showing that he is in imminent danger of serious physical injury. If plaintiff fails to do

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one or the other in the time allowed, this action will be dismissed and judgment entered against

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plaintiff.

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IT IS FURTHER ORDERED that if plaintiff, while incarcerated, seeks to proceed

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in forma pauperis in any new case in federal court, he shall attach a copy of this order to his

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application to proceed in forma pauperis, or he shall plainly inform the court in such application that

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he has been held subject to the restrictions of 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that the clerk of court shall SEND a copy of this
order to the attorney general of the State of Nevada.

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April 11, 2012.
Dated this ______ day of March, 2012.

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UNITED STATES DISTRICT JUDGE
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