Putzer v. Attal., et al.,

Filing 13

ORDER Granting 1 and 11 Plaintiff's Application for Leave to Proceed in forma pauperis subject to Plaintiff's obligation to pay the full filing fee of $350.00 upon funds being available. Plaintiff's 2 Motion for Leave to File a Longer than Normal Complaint is Granted and the Clerk shall file the [1-1] original Complaint. Plaintiff's Motion for Leave to Amend the Complaint and Motion to File a Longer than Normal Amended Complaint remain under submission at this time, pending screening. Signed by Judge Andrew P. Gordon on 9/30/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DAVID SAUL PUTZER,
Plaintiff,

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2:13-cv-00165-APG-CWH

vs.
ORDER

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SHMUEL ATTAL, et al.
Defendants.

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This civil rights action by a former inmate comes before the Court on plaintiff’s first and

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second applications (## 1 & 11) to proceed in forma pauperis and his motion (#2) for leave

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to file a longer than normal complaint.

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On the pauper applications, the Court finds following review of the financial materials

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filed with ##11 & 12 that plaintiff is not able currently to pay the full filing fee or a substantial

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initial partial fee payment. Plaintiff will remain subject to the fee payment provisions of the

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Prison Litigation Reform Act as discussed in the prior order (#10). However, given plaintiff’s

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current finances, the Court sees no practical utility in setting either a payment schedule or a

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regular financial update schedule at this juncture. The Court may revisit the matter of fee

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payment later in the case, as warranted by the circumstances then presented.

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The Court will grant the motion for leave to authorize the extra-length original complaint

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filed previously, given that plaintiff has tendered a superceding amended complaint. The

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Court will take up the matter of the length of that pleading in connection with the motions (##

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7 & 8) presented seeking leave to file that extra-length pleading. The Court will take up those

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motions when it screens the approximately 100 page amended complaint.

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IT THEREFORE IS ORDERED that plaintiff’s first and second applications (## 1 & 11)

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to proceed in forma pauperis are GRANTED, subject to plaintiff’s obligation to pay the full filing

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fee of three hundred fifty dollars ($350.00) upon funds being available. Furthermore, even if

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this action is dismissed, the full filing fee still must be paid pursuant to 28 U.S.C. § 1915(b)(2).

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IT FURTHER IS ORDERED that the movant herein is permitted to maintain this action

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to conclusion without the necessity of prepayment of any additional fees or costs or the giving

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of security therefor. This order granting forma pauperis status shall not extend to the issuance

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of subpoenas at government expense.

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IT IS FURTHER ORDERED that plaintiff’s motion (#2) for leave to file a longer than

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normal complaint is GRANTED and the Clerk shall file the original complaint tendered with #1.

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Plaintiff’s motion for leave to amend the complaint and motion to file a longer than normal

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amended complaint remain under submission at this time, pending screening.

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DATED: September 30, 2013.

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_________________________________
ANDREW P. GORDON
United States District Judge

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