Williams v. State of Nevada Department Public Safety et al

Filing 2

ORDER that 1 Application for Leave to Proceed in forma pauperis is DENIED and that this action is DISMISSED without prejudice to the filing of a new complaint in a new action under a new docket number together with either a new pauper application o r payment of the $350.00 filing fee. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Andrew P. Gordon on 11/8/13. (Copies have been distributed pursuant to the NEF: copies and blank forms - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CHARLES J. WILLIAMS,

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Plaintiff,
vs.

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Case No. 2:13-cv-01318-APG-NJK

ORDER
STATE OF NEVADA DEPARTMENT OF
PUBLIC SAFETY, et al.,
Defendants.

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

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

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and executed by an authorized institutional officer on the required form and a statement of the

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plaintiff’s inmate trust fund account for the past six months are required by 28 U.S.C. §

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1915(a)(2) and Local Rule LSR1-2. Plaintiff attached a financial certificate, but he did not

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attach a statement of his inmate trust account for the past six months. He must attach both.

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

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

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action being untimely. Plaintiff, currently an incarcerated inmate, alleges that state parole and

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probation officers allegedly improperly seized his vehicle on November 7, 2012. A two-year

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limitations period is applicable to federal civil rights actions arising out of Nevada.

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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (Dkt.

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

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complaint in a new action under a new docket number together with either a new pauper

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application or payment of the $350.00 filing fee.

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The Clerk of Court shall SEND plaintiff a copy of the papers that he filed along with the
complaint and prisoner pauper forms and instructions for both forms.
The Clerk shall enter final judgment accordingly, dismissing this action without
prejudice.
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Dated: November 6, 2013.

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___________________________________
ANDREW P. GORDON
United States District Judge

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