Manyunduk v. Clark County Detention Center

Filing 7

ORDER Denying as moot Plaintiff's 6 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff shall file his application to proceed in forma pauperis and complaint in a new action. Plaintiff shall not file anymore documents in this closed case. Signed by Chief Judge Gloria M. Navarro on 3/30/2015. (Copies have been distributed pursuant to the NEF - IFP instructions/form, Complaint/instructions, and 1 -1 Complaint mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GABRIEL MANYUNDUK,
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Plaintiff,
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v.
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CLARK COUNTY DETENTION CENTER, )
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Defendant.
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_____________________________________)

2:14-cv-2084-GMN-VCF
ORDER

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I.

DISCUSSION

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On December 12, 2014, this Court denied Plaintiff’s application to proceed in forma

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pauperis, without prejudice, because the application was incomplete. (ECF No. 3 at 1-2). The

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Court granted Plaintiff 30 days from the date of that order to file a fully complete application to

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proceed in forma pauperis or pay the full filing fee of $400. (Id. at 2). The Court warned

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Plaintiff that if he did not timely comply with that order, the Court would dismiss the case. (Id.).

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On January 16, 2015, the Court dismissed the case without prejudice because Plaintiff

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failed to file another application to proceed in forma pauperis, pay the full filing fee, or

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otherwise respond to this Court’s December 12, 2014 order. (ECF No. 4 at 2-3). The Clerk of

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the Court entered judgment the same day. (ECF No. 5).

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On March 9, 2015, Plaintiff filed an application to proceed in forma pauperis. (ECF No.

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6). Plaintiff states that the reason his application to proceed in forma pauperis was late was

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because nobody worked from Christmas Day to New Year’s Eve and he did not have enough

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time between December 12, 2014 and January 12, 2015 to obtain his paperwork. (ECF No. 6-1

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at 1).

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The Court denies the application to proceed in forma pauperis as moot. Although

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Plaintiff attempts to explain why he could not timely file his application to proceed in forma

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pauperis within 30 days, he does not explain why he filed it two months after the deadline or

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why he did not file a motion for an extension of time. The Court directs Plaintiff to file his

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application to proceed in forma pauperis and complaint in a new case. However, Plaintiff shall

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not file any more documents in this closed case.

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II.

For the foregoing reasons, IT IS ORDERED that the application to proceed in forma

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CONCLUSION

pauperis (ECF No. 6) is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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

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entitled information and instructions for filing an in forma pauperis application.

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

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approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk

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of the Court shall also send Plaintiff a copy of his complaint. (ECF No. 1-1).

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IT IS FURTHER ORDERED that Plaintiff shall file his application to proceed in forma

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pauperis and complaint in a new action. Plaintiff shall not file anymore documents in this closed

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case.

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DATED this 30th of March, 2015.

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_________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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