Edwards Family et al v. Clark County et al

Filing 7

ORDER Denying 6 Motion for District Judge to Reconsider Order. IT IS FURTHER ORDERED that filing fee or completed IFP application due within 30 days from entry of this order. Signed by Judge Miranda M. Du on 12/3/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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EDWARDS FAMILY,

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Case No. 2:12-cv-01530-MMD-PAL
Plaintiff,

ORDER

v.
CLARK COUNTY, et al.,
Defendants.

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This civil rights action by a Nevada state inmate comes before the Court on a
motion (dkt. no. 6) for reconsideration filed by plaintiff Carl D. Edwards.

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None of the arguments, circumstances, or requests made in the motion for

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reconsideration have any bearing upon either plaintiff’s ability to submit a properly-

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completed pauper application or the requirement that he do so absent full payment of

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the filing fee. The fact that plaintiff was in a local detention center rather than in a state

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prison when the initial pauper application was submitted does not lead to the conclusion

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that he then was not a “prisoner” under the definition in 28 U.S.C. § 1915(h). Edwards

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may not represent the interests of family members, regardless of whether or not family

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members allegedly consent to his doing so, because he is not an attorney. The Court

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will not request a private attorney to consider taking the case for the reasons outlined in

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the prior order. None of the frivolous arguments presented in the motion for

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reconsideration persuades the Court.

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IT IS THEREFORE ORDERED that the motion (dkt. no. 6) for reconsideration
filed by plaintiff Carl D. Edwards is DENIED.

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IT IS FURTHER ORDERED that this action will be dismissed without further

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advance notice unless plaintiff either pays the $350.00 filing fee or submits a new and

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properly completed application to proceed in forma pauperis, with all required and new

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attachments, within thirty (30) days of entry of this order.

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This is the final advance notice that plaintiff will receive prior to entry of a

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judgment of dismissal in the absence of a timely and properly completed pauper

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application. The filing of another motion for reconsideration will not delay entry of a final

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judgment of dismissal if plaintiff does not timely submit a properly completed pauper

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application.

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DATED THIS 3rd day of December 2012.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE