Diaz v. Lee et al

Filing 2

ORDER that 1 Application for Leave to Proceed in forma pauperis is denied without prejudice. Plaintiff shall have until Wednesday, March 12, 2014 to a new application proceed in forma pauperis, accompanied by a signed financial certificate and certified copy of his prisoner trust fund account for the previous six months. Signed by Magistrate Judge Carl W. Hoffman on 2/12/14. (Copies have been distributed pursuant to the NEF: ifp form to pltf - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CARLOS CORTEZ DIAZ,

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Plaintiff,
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vs.
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LEE, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-02351-JAD-CWH
ORDER

This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis

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(#1), filed December 27, 2013. It appears from the application that Plaintiff is incarcerated. As an

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incarcerated individual, Plaintiff is required to submit “a certificate from the institution certifying

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the amount of funds currently in the applicant’s trust account at the institution and the net deposits

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in the applicant’s account for the six (6) months preceding the submission of the application.” See

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LSR 1-2. Plaintiff did not submit the required prisoner account certification. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis

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(#1) is denied without prejudice. Plaintiff shall have until Wednesday, March 12, 2014 to a new

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application proceed in forma pauperis, accompanied by a signed financial certificate and certified

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copy of his prisoner trust fund account for the previous six months. The Clerk of the Court shall

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send Plaintiff a blank application form for pro se litigants who are incarcerated. In the alternative,

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Plaintiff shall make the necessary arrangements to pay the filing fee of four hundred dollars

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($400.00). Failure to comply will result in a recommendation to that this case be dismissed.

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DATED: February 12, 2014.

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______________________________________
Carl W. Hoffman, Jr.
United States Magistrate Judge