Luczak v. Farnham

Filing 2

ORDER Granting 1 Plaintiff's Motion in Advisement to the extent he requests the required forms to proceed in forma pauperis. The motion is DENIED in all other respects. IT IS FURTHER ORDERED that Plaintiff shall have until Friday, 1/31/2014 to file his application/petition to proceed in forma pauperis. Signed by Magistrate Judge Carl W. Hoffman on 01/02/2014. (Copies have been distributed pursuant to the NEF - CC: Blank IFP and Instructions - AC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13

CASEY LUCZAK,

)
)
Plaintiff,
)
)
vs.
)
)
DAVID J. FARNHAM,
)
)
Defendant.
)
__________________________________________)

Case No. 2:13-cv-02362-JCM-CWH
ORDER

14
This matter is before the Court on Plaintiff’s Motion in Advisement (#1), filed December
15
31, 2013.
16
Plaintiff is incarcerated. By way of the motion, he seeks permission to file a complaint.
17
Plaintiff did not pay the filing fee when he filed this motion. Thus, it appears he intends to proceed
18
in forma pauperis. However, he has not submitted an application to do so, and he has not
19
submitted the certified funds report from the institution wherein he is incarcerated. Pursuant to 28
20
U.S.C. § 1915(a)(2) and Local Special Rule (“LSR”) 1-2, Plaintiff must submit the necessary
21
application and institutional certification before he is permitted to proceed in forma pauperis.
22
Assuming he is approved to proceed as such, his complaint must also be screened.
23
Based on the foregoing and good cause appearing therefore,
24
IT IS HEREBY ORDERED that Plaintiff’s Motion in Advisement (#1) is granted to the
25
extent he requests the required forms to proceed in forma pauperis. The Clerk shall send Plaintiff a
26
blank application for an incarcerated individual to proceed in forma pauperis pursuant to LSR 1-2.
27
The motion is denied in all other respects.
28
IT IS FURTHER ORDERED that Plaintiff shall have until Friday, January 31, 2014 to

1

file his application/petition to proceed in forma pauperis. FAILURE TO DO SO WILL RESULT

2

IN A RECOMMENDATION THAT PLAINTIFF’S CASE BE DISMISSED.

3

DATED: January 2, 2014.

4
5

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

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2