Casas v. Allred et al

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED 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 appl ication with all required, and new attachments or payment of the $350.00 filing fee. 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. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Miranda M. Du on 11/27/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DANIEL CASAS,

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Case No. 2:12-cv-01568-MMD-VCF
Plaintiff,

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v.

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ORDER

ALLRED, et al.,

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Defendants.

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Plaintiff, a Nevada state inmate, has filed an application (dkt. no. 1) to proceed in
forma pauperis seeking to initiate a civil rights action.

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

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

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

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LSR1-2. Plaintiff attached a copy of his inmate account statement, but he did not attach

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an executed financial certificate. Both are required for a properly-completed pauper

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application.

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It does not appear from review of the allegations presented that a dismissal

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without prejudice would lead to a promptly filed and properly commenced new action

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being untimely.

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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis

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(dkt. no. 1) is DENIED and that this action shall be DISMISSED without prejudice to the

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filing of a new complaint on the required form in a new action together with either a new

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pauper application with all required, and new, attachments or payment of the $350.00

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filing fee.

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

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DATED THIS 27th day of November 2012.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE