Simpson v. Agatone et al

Filing 5

ORDER Denying without prejudice Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff's 3 Motion for Leave to File Amended Complaint is Granted. The Clerk of Court shall retain the amended complaint but shall not file it at this time. Plaintiff has 45 days from the date of this order to submit a completed In Forma Pauperis motion/application. Signed by Magistrate Judge Carl W. Hoffman on 7/13/2015. (Copies have been distributed pursuant to the NEF - IFP instructions/form mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DERRICK SIMPSON,
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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN
POLICE DEPARTMENT, et al.,
Defendants.

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2:15-cv-00254-RFB-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion/Application to Proceed In Forma
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Pauperis (#1), filed February 11, 2015. The Court also considers Plaintiff’s Motion for Leave to
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File an Amended Complaint (#3), filed April 8, 2015. Plaintiff is incarcerated. His application lists
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his place of incarceration as the Clark County Detention Center, but he recently filed a notice of
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change of address (dkt. #4) indicating he is now housed at the High Desert State Prison in Indian
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Springs, Nevada.
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Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to 28 U.S.C. §
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1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma
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pauperis for prisoners and attach both an inmate account statement for the past six months. Plaintiff
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has submitted an application to proceed in forma pauperis and an executed financial certificate, but
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he has not submitted an inmate account statement for the past six months. As such, the application
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to proceed in forma pauperis is incomplete and is denied without prejudice.

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Plaintiff has also filed a motion for leave to file an amended complaint. The motion will be

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granted. Upon filing of a complete motion/application to proceed in forma pauperis, the Court will

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screen Plaintiff’s amended complaint.

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Based on the foregoing and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff’s Motion/Application to Proceed In Forma

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Pauperis (#1) is denied without prejudice. The Clerk of Court shall send Plaintiff a blank

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

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and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File Amended Complain

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(#3) is granted. The Clerk of Court shall retain the amended complaint, but shall not file it at this

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time. The Court will screen the complaint upon receipt of a completed In Forma Pauperis

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motion/application.

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IT IS FURTHER ORDERED that Plaintiff shall have forty-five (45) days from the date of

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this order to submit a completed In Forma Pauperis motion/application. Failure to do so will result

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in a recommendation that this case be dismissed.

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Dated: July 13, 2015.

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C.W. Hoffman, Jr.
UNITED STATES MAGISTRATE JUDGE

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