Young v. Williams et al

Filing 12

ORDER Granting Petitioner's 11 Motion for Reconsideration. The 9 Order and 10 Clerk's Judgment dismissing this action are VACATED. This action is REINSTATED. Petitioner shall file an application for leave to proceed in forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account or pay the filing fee of $5.00 accompanied by a copy of this order. Petitioner shall have 30 days from the date that this order is entered to comply. Failure to comply will result in the dismissal of this action. Signed by Judge James C. Mahan on 3/25/2014. (Copies have been distributed pursuant to the NEF - forms mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DANNY ANDREW YOUNG,

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Petitioner,

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vs.

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BRIAN WILLIAMS, et al.,

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Case No. 2:12-cv-00524-JCM-RJJ

Respondents.

ORDER

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Before the court is petitioner’s motion for reconsideration (#11). The court finds that there
is good cause to reinstate the action.
At first, the court denied petitioner’s application to proceed in forma pauperis (#1) because it

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appeared that he could pay the filing fee of $5.00. Order (#4). Instead of paying the fee, petitioner

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sent a letter and filed another, incomplete application to proceed in forma pauperis (#6). On July

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30, 2012, the court directed petitioner to file a complete application or to pay the filing fee. Order

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(#7). Petitioner did not comply with that order, and the court dismissed the action. Order (#9).

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Documents attached to the motion for reconsideration (#11) show that petitioner did not

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receive the court’s order of July 30, 2012 (#7). The court will reinstate the action. Petitioner will

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need to provide an application to proceed in forma pauperis or to pay the filing fee before the action

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can proceed any further.

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IT IS THEREFORE ORDERED that petitioner’s motion for reconsideration (#11) is

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GRANTED. The order (#9) and judgment (#10) dismissing this action are VACATED. This

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action is REINSTATED.

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IT IS FURTHER ORDERED petitioner shall file an application for leave to proceed in

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forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account.

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The clerk of the court shall send petitioner a blank application form for incarcerated litigants. In the

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alternative, petitioner shall make the necessary arrangements to pay the filing fee of five dollars

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($5.00), accompanied by a copy of this order. Petitioner shall have thirty (30) days from the date

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that this order is entered to comply. Failure to comply will result in the dismissal of this action.

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DATED: March 25, 2014.

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JAMES C. MAHAN
United States District Judge

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