Leavitt v. Wickham et al

Filing 2

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. 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 n ew pauper application wi th 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 Gloria M. Navarro on 4/2/2013. (Copies have been distributed pursuant to the NEF - SLD)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

1
2
3
CODY LEAVITT,
4
Plaintiff,

2:13-cv-00490-GMN-CWH

5
vs.
6
ORDER
7
8

HAROLD WICKHAM, et al.,
Defendants.

9
10
11

Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma
pauperis seeking to initiate a civil rights action.

12

The pauper application is incomplete. Both a financial certificate properly completed

13

and executed by an authorized institutional officer and a statement of the plaintiff’s inmate

14

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

15

Rule LSR1-2. Plaintiff attached neither.

16

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

17

prejudice of the present improperly-commenced action would lead to a promptly-filed new

18

action being untimely.

19

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

20

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

21

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

22

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

23
24
25
26
27

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.
DATED this 2nd day of April, 2013.

28
_________________________________
Gloria M. Navarro
United States District Judge