In Re: David Lee Collins

Filing 3

ORDER that Petitioner David Collins shall either pay the $400.00 filing fee or file a proper motion to proceed in forma pauperis within 30 days of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 1/21/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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In re:

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DAVID LEE COLLINS,
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Petitioner
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__________________________________________)

Case No. 2:13-cv-02312-GMN-GWF
ORDER

This matter comes before the Court on Petitioner David Collins’ (“Collins”) Motion to

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Discharge (#2), filed on December 19, 2013. Although Collins styled this pleading as a motion,

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and although the Court is entirely unable to discern the relief Collins seeks, the Court construes the

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motion as a petition for the purposes of initiating an action. Under 28 U.S.C. § 1914, parties

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initiating an action must pay a filing fee. Pursuant to local Judicial Conference Policy effective

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May 1, 2013, the filing fee to initiate an action in the District of Nevada is $400.00. Collins has not

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paid the filing fee. The Court instructs Collins to either pay the filing fee or file a motion to

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proceed in forma pauperis, which, if granted, will permit him to pursue this action without paying

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the fee. Accordingly,

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IT IS HEREBY ORDERED that Petitioner David Collins shall either pay the $400.00

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filing fee or file a proper motion to proceed in forma pauperis within 30 days of the date of this

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Order. Absent the fee’s payment or a motion to proceed in forma pauperis, the Court will

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recommend dismissal of this action.

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DATED this 21st day of January, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge