Sanders v. Nevada Department of Corrections et al

Filing 2

ORDER DISMISSING CASE without prejudice. Plaintiff may file a new complaint and in forma pauperis application in a new action, but he may not file further documents in this action. Signed by Judge Miranda M. Du on 6/17/2013. (Copies have been distributed pursuant to the NEF; CC: Plaintiff with Required Forms. - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RACHAL S. SANDERS,

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Case No. 2:13-cv-00849-MMD-VCF
Plaintiff,

ORDER

v.
NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendant.
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This action is a pro se civil rights complaint submitted pursuant to 42 U.S.C. §

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1983 by an inmate. Neither a filing fee nor an application to proceed in forma pauperis

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was submitted with the complaint. Plaintiff must either submit the filing fee or submit an

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application to proceed in forma pauperis when initiating an action in this Court. As

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such, this action is dismissed without prejudice, as specified below.

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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT

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PREJUDICE to the filing of a new complaint in a new action, with a proper in forma

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pauperis application in compliance with 28 U.S.C. § 1915(a).

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IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff two (2)

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copies of an in forma pauperis application form for a prisoner, one (1) copy of the

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instructions for same, two copies of a blank 42 U.S.C. § 1983 prisoner civil rights form,

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and one copy of instructions for the same. The Clerk of Court shall send plaintiff a copy

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of the complaint submitted in this action.

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IT IS FURTHER ORDERED that plaintiff may file a new complaint and in forma

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pauperis application in a new action, but he may not file further documents in this

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action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

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IT IS FURTHER ORDERED that this Court CERTIFIES that any in forma

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pauperis appeal from this order would not be taken in good faith pursuant to 28 U.S.C. §

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1915(a)(3).

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DATED THIS 17th day of June 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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