Driscoll v. Neven et al

Filing 5

ORDER. IT IS ORDERED that 4 Motion for Extension of Time is denied as moot. IT IS FURTHER ORDERED that Plaintiff may update his application to proceed informa pauperis within 30 days from the date of this order. IT IS FURTHER ORDERED that the Cler k of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. Signed by Magistrate Judge Nancy J. Koppe on 1/2/15. (Copies have been distributed pursuant to the NEF - copies mailed to plaintiff as ordered TR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) D. NEVEN et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 BRANDAN DRISCOLL, 2:14-cv-1935-RCJ-NJK ORDER DISCUSSION 14 On November 20, 2014, Plaintiff filed an application to proceed in forma pauperis and 15 submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1, 1-1). On 16 December 1, 2014, this Court denied Plaintiff’s application to proceed in forma pauperis 17 without prejudice because it was incomplete. (ECF No. 2 at 1). Plaintiff had not submitted an 18 inmate account statement. (Id.). The Court granted Plaintiff 30 days from the date of that 19 order to file a fully complete application to proceed in forma pauperis. (Id. at 2). 20 On December 8, 2014, Plaintiff filed a notice to the Court and attached his inmate 21 account statement for the past six months. (ECF No. 3). On December 30, 2014, Plaintiff filed 22 a motion to extend time for another 30 days to submit a financial certificate and a six month 23 accounting statement. (ECF No. 4). The Court denies Plaintiff’s motion for an extension of 24 time because Plaintiff already has filed his inmate account statement. However, if Plaintiff 25 would like to update his application to proceed in forma pauperis and submit a new application, 26 financial certificate, and inmate account statement, he may do so within 30 days of the date 27 of this order. 28 /// 1 2 3 II. CONCLUSION For the foregoing reasons, IT IS ORDERED that the motion for an extension of time (ECF No. 4) is denied as moot because Plaintiff has filed the necessary documents. 4 IT IS FURTHER ORDERED that Plaintiff may update his application to proceed in 5 forma pauperis if he so chooses by filing a new application, financial certificate, and inmate 6 account statement within 30 days from the date of this order. 7 IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the 8 approved form application to proceed in forma pauperis by a prisoner, as well as the document 9 entitled information and instructions for filing an in forma pauperis application. 10 11 DATED: This 2nd day of January, 2015. 12 13 14 _________________________________ NANCY J. KOPPE United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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