Hendrix v. State of Nevada et al

Filing 5

ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. This action is Dismissed without Prejudice to the filing of a new Complaint. All pending motions are Denied. The Clerk of the Court shall send plaintiff two copies of an in forma pauperis application form for a prisoner with copy of instructions, two copies of a 42 U.S.C. § 1983 prisoner civil rights form with copy of instructions. 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. 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. Signed by Judge James C. Mahan on 8/8/2013. (Copies have been distributed pursuant to the NEF - forms and copies mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMAL DAMON HENDRIX,
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Plaintiff,
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vs.
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STATE OF NEVADA, et al.,
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Defendants.
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2:13-cv-01335-JCM-PAL
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. Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, plaintiff must attach
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both an inmate account statement for the past six months and a properly executed financial
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certificate. Plaintiff has failed to submit either a financial certificate or an inmate account statement
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for the past six months. Without the complete printout showing daily account activity over the full
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six-month period, the court is unable to assess whether the current balance on the financial certificate
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is representative of petitioner’s ability to pay. The court is unable to see, inter alia, the regularity
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and 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.

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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. 1-1.
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).
Dated this 8th
______ day of August, 2013.

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UNITED STATES DISTRICT JUDGE
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