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)

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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

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