Mize v. Federal Bureau of Investigation

Filing 4

ORDER Denying without prejudice 3 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff a copy of the blank Motion/Application to proceed in forma pauperis form for a prisoner. IT IS FURTHER ORDERED that Plaintiff shall have until 9/4/2014 to file a new, completed Application along with a complaint. Signed by Magistrate Judge Carl W. Hoffman on 8/4/2014. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 JAMES KENNETH MIZE, 8 9 10 11 12 13 14 15 ) ) Plaintiff, ) ) vs. ) ) FEDERAL BUREAU OF INVESTIGATION, ) ) Defendant. ) __________________________________________) Case No. 2:14-cv-01115-JAD-CWH ORDER This matter is before the Court on Plaintiff’s Second Application for Leave to Proceed In Forma Pauperis (#3), filed on July 8, 2014. Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action 16 in federal district court. The court may authorize the commencement of an action “without prepayment 17 of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such 18 costs or give security therefore.” 28 U.S.C. § 1915(a). 19 Plaintiff failed to submit the affidavit required by § 1915(a) for a prisoner to show that he is 20 unable to prepay fees and costs or give security for them. As the Court noted with Plaintiff’s First 21 Application to Proceed In Forma Pauperis, Plaintiff reports that he has annual income of $100,000 22 from employment at the Nevada Test Site Area 51 along with $1 trillion received every other month as 23 an interest payment. Plaintiff submitted this affidavit under the penalty of perjury. However, he failed 24 to include a Financial Certificate for his inmate account. Moreover, Plaintiff failed to include a 25 complaint as previously order. (Order #2). Based on this inconsistent information, the Court finds that 26 Plaintiff has not provided sufficient information to determine whether Plaintiff is eligible to proceed in 27 forma pauperis. The Court will order the Clerk of the Court to send Plaintiff a blank prisoner form to 28 complete. Having concluded that Plaintiff is not entitled at this time to proceed in forma pauperis, the 1 Court need not screen the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires the dismissal of 2 the case at any time if the Court determines that it is frivolous or malicious or fails to state a claim upon 3 which relief can be granted or seeks monetary relief against a defendant who is immune from such 4 relief. 5 Based on the foregoing and good cause appearing therefore, 6 IT IS ORDERED that Plaintiff’s Motion/Application to Proceed In Forma Pauperis (#3) is 7 8 9 10 denied without prejudice. IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff a copy of the blank Motion/Application to Proceed In Forma Pauperis form for a prisoner. IT IS FURTHER ORDERED that Plaintiff shall have until September 4, 2014 to file a new, 11 completed Application to Proceed In Forma Pauperis along with a complaint. In the alternative, 12 Plaintiff may make the necessary arrangements to pay the filing fee, accompanied by a copy of this 13 Order. Failure to comply with this Order will result in a recommendation to the District Judge that this 14 action be dismissed. 15 Dated this 4th day of August, 2014. 16 17 18 ________________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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