Grant v. Nevada Disability Advocacy And Law Center

Filing 2

ORDER that Plaintiff shall submit a complaint within 30 days from the date of this order. IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff the approved form for filing a 42 USC 1983 complaint and instructions. IT IS FURTHER ORDER ED that the Clerk of Court shall send Plaintiff the approved form application to proceed in forma pauperis and instructions. IT IS FURTHER ORDERED that within 30 days of this order Plaintiff shall either submit a completed application to proceed in forma pauperis or pay the full $400 filing fee. IT IS FURTHER ORDERED that a decision on the motion for appointment for a guardian ad litem is deferred until the matters of the payment and the filing fee are resolved. Signed by Magistrate Judge Carl W. Hoffman on 10/16/2014. (Copies have been distributed pursuant to the NEF - cc: Plaintiff - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GREGORY G. GRANT,
Plaintiff,

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v.

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NEVADA DISABILITY ADVOCACY AND
LAW CENTER,

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Defendant.
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2:14-cv-1640-JCM-CWH
ORDER

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I.

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections
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(“NDOC”), has filed a motion requesting appointment of a guardian ad litem but has not filed
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a complaint or an application to proceed in forma pauperis in this matter. (See ECF No. 1).
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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing
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a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff thirty (30)
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days from the date of this order to submit a complaint to this Court.
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Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an
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application to proceed in forma pauperis and attach both an inmate account statement for the
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past six months and a properly executed financial certificate. Plaintiff has not submitted an
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in forma pauperis application. Plaintiff will be granted an opportunity to file an application to
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proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff
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chooses to file an application to proceed in forma pauperis he must file a fully complete
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application to proceed in forma pauperis.
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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff shall submit a complaint to this

Court within thirty (30) days of the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the
approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff the approved

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form application to proceed in forma pauperis by a prisoner, as well as the document entitled

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information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

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Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the

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correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or

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(2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50

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administrative fee).

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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.

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IT IS FURTHER ORDERED that a decision on the motion for an appointment for a

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guardian ad litem (ECF No. 1) is deferred until the matters of the payment of the filing fee and

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complaint are resolved.

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DATED: This 16th day of October, 2014.

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_________________________________
United States Magistrate Judge

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