Diaz v. Lee et al

Filing 4

ORDER that 3 Application for Leave to Proceed in forma pauperis is DENIED without prejudice. Plaintiff shall have until Friday, April 25, 2014 to file a new application proceed in forma pauperis or pay the filing fee. Signed by Magistrate Judge Carl W. Hoffman on 3/24/14. (Copies have been distributed pursuant to the NEF: blank ifp form to Plaintiff - 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

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

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Pauperis (#3), filed March 12, 2014. Plaintiff’s first application was denied without prejudice

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because it did not comply with the application requirements for submission by an incarcerated

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individual. See Order (#2) (denying application for failure to submit a certificate from the

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institution certifying the amount of funds currently in the applicant’s trust account at the institution

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and the net deposits in the applicant’s account for the six (6) months preceding the submission of

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the application). Plaintiff was instructed to submit a new, complete application by Wednesday,

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March 12, 2014. Plaintiff submitted the new application on the form for incarcerated individuals

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along with a letter indicating that he is no longer incarcerated. Because Plaintiff was never

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approved to proceed in forma pauperis while incarcerated, the Court will require that he submit a

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new application on the form for non-incarcerated individuals. The Court further notes that the most

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recently submitted application is incomplete. Plaintiff did not respond to all of the questions listed

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on the questionnaire. Thus, the application (#3) is subject to dismissal on the grounds that it is

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incomplete as well.

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Based on the foregoing and good cause appearing

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

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(#3) is denied without prejudice. Plaintiff shall have until Friday, April 25, 2014 to file a new
application proceed in forma pauperis. The Clerk of the Court shall send Plaintiff a blank in forma

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pauperis application for non-incarcerated litigants. In the alternative, Plaintiff shall make the

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necessary arrangements to pay the filing fee of four hundred dollars ($400.00). Failure to comply

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will result in a recommendation to that this case be dismissed.

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DATED: March 24, 2014.

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

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