Misiewicz v. Treadwell et al

Filing 2

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis and this action is Dismissed without Prejudice to the filing of a new Complaint in a new action. All pending motions are Denied. The Clerk of the Court shall send Plaintif f two copies of an In Forma Pauperis application, one copy of instructions, two copies of a 42 U.S.C. 1983 prisoner civil rights form and one copy of instructions. The Clerk shall also send Plaintiff a copy of the 1 Complaint and all documents subm itted in this action. Plaintiff may file a new Complaint and In Forma Pauperis application in a new action but may not file further documents in this action. The Clerk of the Court shall enter judgment accordingly. This Court certifies that any In Forma Pauperis appeal from this Order would not be taken "in good faith". Signed by Judge James C. Mahan on 6/18/2013. (Copies have been distributed pursuant to the NEF - forms and copies mailed - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WILLIAM MISIEWICZ,
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Plaintiff,
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vs.
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LARRY TREADWELL, et al.,
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Defendants.
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2:13-cv-01055-JCM-NJK
ORDER

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state
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prisoner. Plaintiff has submitted a complaint and seeks leave to proceed in forma pauperis. (ECF
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No. 1). This matter has not been properly commenced because plaintiff submitted incomplete
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financial paperwork. First, plaintiff has failed to use the proper form for filing an in forma pauperis
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application in this court. Second, under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, plaintiff
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must attach both an inmate account statement for the past six months and a properly executed
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financial certificate. Plaintiff has failed to submit an inmate account statement for the past six
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months; instead, he has submitted an inmate account statement for only the past month. (ECF No. 124
1, at p. 4). Without the complete printout showing daily account activity over the full six-month
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period, the court is unable to assess whether the current balance on the financial certificate is
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representative of petitioner’s ability to pay. The court is unable to see, inter alia, the regularity and

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amount of any incoming funds as well as the extent to which petitioner is making discretionary

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expenditures that instead could be applied to payment of the filing fee. Finally, plaintiff has failed to

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submit a proper financial certificate signed by an authorized prison official. The court will direct the

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clerk to send plaintiff the proper forms so that he may re-file an action with the proper forms and the

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required documents.

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IT THEREFORE IS ORDERED that the application (ECF No. 1) to proceed in forma

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pauperis is DENIED and that this action is DISMISSED WITHOUT PREJUDICE to the filing of

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a new complaint in a new action with a properly completed pauper application with all new and

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complete financial attachments in compliance with 28 U.S.C. § 1915(a).

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IT FURTHER IS ORDERED that all pending motions are DENIED.

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IT FURTHER IS ORDERED that the clerk of the court shall send plaintiff two copies of an

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in forma pauperis application form for a prisoner, one copy of the instructions for same, two copies

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of a blank 42 U.S.C. § 1983 prisoner civil rights form, and one copy of instructions for the same.

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The clerk shall also send plaintiff a copy of the complaint and all documents submitted in this action,

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at ECF No. 1.

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IT IS FURTHER ORDERED that 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.

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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 pauperis

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appeal from this order would not be taken “in good faith” pursuant to 28 U.S.C. § 1915(a)(3).
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Dated this ______ day of June, 2013.

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UNITED STATES DISTRICT JUDGE
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