Mitchell v. Cox et al

Filing 3

ORDER Denying 1 Application to proceed in forma pauperis and that this action shall be dismissed without prejudice to the filing of a new complaint on the required form in a new action together with either a new pauper application with all required attachments or payment of the $350.00 filing fee. Signed by Judge Gloria M. Navarro on 10/30/2012. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

TARZ MITCHELL,

9
10
11

Plaintiff,

2:12-cv-01128-GMN-PAL

vs.

12

GREG COX, et al.,

13

ORDER

Defendants.

14
Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma

15
16

pauperis seeking to initiate a civil rights action.

17

The application is incomplete. Both a financial certificate properly executed by an

18

appropriate institutional officer and a statement of the plaintiff’s inmate trust fund account for

19

the past six months are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. Plaintiff

20

attached a financial certificate, but he attached only one page from the statement of his inmate

21

trust account for the past six months. He must attach the full printout, which is several pages

22

long.

23

Plaintiff indicated in a letter (#2) that a family member might be paying the filing fee.

24

The Court’s accounting records confirm that the fee has not been paid. Obtaining an e-mail

25

address from the Court is not necessary for a family member to pay the filing fee.

26

It does not appear from review of the allegations presented that a dismissal without

27

prejudice will result in a promptly filed and properly commenced action being time-barred. This

28

improperly-commenced action therefore will be dismissed without prejudice.

1

IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1)

2

is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new

3

complaint on the required form in a new action together with either a new pauper application

4

with all required attachments or payment of the $350.00 filing fee.

5
6

The Clerk of Court shall send plaintiff a copy of the papers that he filed along with the
complaint and pauper forms and instructions for both forms.

7

The Clerk shall enter final judgment accordingly, dismissing this action without prejudice.

8

DATED this 30th day of October, 2012.

9
10
11
12

_________________________________
Gloria M. Navarro
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-