Gibson v. Housing Authority
Filing
2
ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice. Plaintiff shall have until 1/2/14 to file a new, completed Application to Proceed In Forma Pauperis along with a complaint, or pay the filing fee. Signed by Magistrate Judge Carl W. Hoffman on 12/3/13. (Copies have been distributed pursuant to the NEF - MMM)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8
9
10
11
12
DANIEL HIRAM GIBSON,
)
)
Plaintiff,
)
)
vs.
)
)
HOUSING AUTHORITY,
)
)
)
Defendant.
)
__________________________________________)
ORDER
This matter is before the Court on Plaintiff’s Motion/Application to Proceed In Forma Pauperis
13
14
Case No. 2:13-cv-02198-JAD-CWH
(#1), filed on November 27, 2013.
Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis and
15
16
submitted a complaint along with the application. The Court finds that Plaintiff’s application is
17
incomplete. Plaintiff indicates that he receive wages of $189 per month and has $0.12 in cash or
18
checking or savings account. However, Plaintiff claims his amount of monthly expenses is zero. The
19
Court is unclear how he is paying for housing, transportation, utilities, and other regular monthly
20
expenses. As a result, the Court cannot determine whether Plaintiff is eligible to proceed in forma
21
pauperis. Plaintiff’s Motion/Application shall be denied without prejudice and he will be given thirty
22
(30) days to submit a second, completed application along with a complaint.
Having concluded that Plaintiff is not entitled at this time to proceed in forma pauperis, the
23
24
Court need not screen the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires the dismissal of
25
the case at any time if the Court determines that it is frivolous or malicious or fails to state a claim upon
26
which relief can be granted or seeks monetary relief against a defendant who is immune from such
27
relief.
28
Based on the foregoing and good cause appearing therefore,
IT IS ORDERED that Plaintiff’s Motion/Application to Proceed In Forma Pauperis (#1) is
1
2
denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff shall have until Thursday, January 2, 2014 to
3
file a new, completed Application to Proceed In Forma Pauperis along with a complaint. In the
4
alternative, Plaintiff may make the necessary arrangements to pay the filing fee of four hundred dollars
5
($400), accompanied by a copy of this Order. Failure to comply with this Order will result in a
6
recommendation to the District Judge that this action be dismissed.
7
Dated this 3rd day of December, 2013.
8
9
10
11
___________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?