Jones v. Marquins

Filing 3

ORDER Denying without prejudice Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff shall have until 7/21/2014 to file a new Application to Proceed in Forma Pauperis or make the necessary arrangements to pay the filing fee. Signed by Magistrate Judge George Foley, Jr on 6/16/2014. (Copies have been distributed pursuant to the NEF - IFP instructions and form mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMES P. JONES,

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Plaintiff,
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vs.
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MARIMAR MARQUINS, et al.,
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Defendants.
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__________________________________________)

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Case No. 2:14-cv-00779-GMN-GWF
ORDER
Application to Proceed in Forma
Pauperis (#1)

This matter comes before the Court on Plaintiff James P. Jones’ (“Plaintiff”) Application to

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Proceed in Forma Pauperis (#1), filed on May 16, 2014. Plaintiff filed the Application with his

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Complaint (#1-1) as required by 28 U.S.C. § 1915(a).

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BACKGROUND

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Plaintiff brings this action in Federal Court pursuant to 42 U.S.C. § 1983. As the

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Court understands Plaintiff’s allegations, he brings this suit against his landlord, Defendant

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Marimar Marquins, and Defendants Las Vegas Metropolitan Police Department (“LVMPD”), the

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City of Las Vegas, and the State of Nevada, for false arrest and failure to investigate. Plaintiff

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alleges that Defendant Marquins called the LVMPD on February 24, 2014, and falsely reported

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that he physically abused his wife. See Dkt. #1-1. He alleges that LVMPD did not investigate the

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incident, but rather arrested Plaintiff due to Defendant Marquins’ false report. Id. Plaintiff states

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that despite the lack of evidence and charges being dropped, he was forced to remain in jail for

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ninety days. Plaintiff now brings this action requesting the Court enter relief as it deems just.

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...

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...

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DISCUSSION

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I.

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Plaintiff proceeding in this action pro se, has requested authority pursuant to 28 U.S.C. §

Application to Proceed In Forma Pauperis

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1915 to proceed in forma pauperis. Plaintiff submitted the affidavit required by § 1915(a) showing

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an inability to prepay fees and costs or give security therefor. After review of Plaintiff’s

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Application to Proceed in Forma Pauperis, however, Plaintiff did not include a signed financial

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certificate by an authorized officer of the institution in which he is incarcerated as required by 28

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U.S.C. § 1915(a)(2) and Local Rule LR 1-2. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis
(#1) is denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff shall have until July 21, 2014 to file a new

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Application to Proceed in Forma Pauperis, accompanied by a signed and executed financial

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certificate and Plaintiff’s Complaint, or make the necessary arrangements to pay the filing fee.

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Plaintiff is advised that failing to do so may result in the dismissal of his case.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff a blank
Application to Proceed in Forma Pauperis for incarcerated litigants.
DATED this 16th day of June, 2014.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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