Barren v. Kohn et al

Filing 5

ORDER that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new complaint in a new action, with a proper in forma pauperis application in compliance with 28 U.S.C. § 1915(a). FURTHER ORDERED that all pending motions in this action are DENIED. FURTHER ORDERED that the Clerk of the Court SHALL SEND plaintiff two copies of an in forma pauperis application form for a prisoner, one copy of the instructions for same, two copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, and one copy of instructions for the same. The Clerk of Court SHALL SEND plaintiff a copy of the complaint 1 submitted in this action. FURTHER ORDERED that that plaintiff may file a new complaint and in forma pauperis applicati on in a new action, but he may not file further documents in this action. FURTHER ORDERED that the Clerk of the Court SHALL ENTER JUDGMENT accordingly. FURTHER ORDERED that this Court CERTIFIES that any in forma pauperis appeal from this order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Signed by Chief Judge Robert C. Jones on 7/9/13. (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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DONALD ROBIN BARREN,

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Plaintiff,

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vs.

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PHILIP J. KOHN, et al.,

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Defendants.

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2:13-cv-01078-RCJ-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. Neither a filing fee nor an application to proceed in forma pauperis was submitted with the

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complaint. Plaintiff must either submit the filing fee or submit an application to proceed in forma

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pauperis when initiating an action in this Court.

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Due to the defects presented, the pauper application will be denied, and the present action

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will be dismissed without prejudice to the filing of a new complaint in a new action with a pauper

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application with all required attachments. It does not appear from the papers presented that a

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dismissal without prejudice would result in a promptly-filed new complaint being untimely. In this

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regard, plaintiff at all times remains responsible for calculating the running of the limitations period

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as applied to his case and properly commencing a timely-filed civil rights action.

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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 pauperis

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

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IT FURTHER IS ORDERED that all pending motions in this action are DENIED.

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IT FURTHER IS ORDERED that the Clerk of the Court SHALL SEND plaintiff two

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

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

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the same. The Clerk of Court SHALL SEND plaintiff a copy of the complaint (ECF No. 1)

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submitted in this action.

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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.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL ENTER JUDGMENT
accordingly.
IT IS FURTHER ORDERED that this Court CERTIFIES that any in forma pauperis
appeal from this order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).
Dated this ______ day of 2013.
Dated this 9th day of July,June, 2013.

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UNITED STATES DISTRICT JUDGE
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