Kravetz v. State of Nevada et al

Filing 5

ORDER that 4 Motion to Extend Time is GRANTED in part. FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee). FURTHER ORDERED that if Plaintiff d oes not timely comply with this order, dismissal of this action may result. FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1), but shall not file it at this time. Signed by Magistrate Judge Peggy A. Leen on 4/20/15. (Copies have been distributed pursuant to the NEF: blank ifp form w/instructions to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

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I.

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RICHARD J. KRAVETZ,

2:15-cv-406-JAD-PAL
ORDER

DISCUSSION

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On March 10, 2015, this Court entered an order directing Plaintiff to file a fully complete

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application to proceed in forma pauperis or pay the full $400 filing fee for a civil action within

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30 days of that order. (ECF No. 2 at 2). On April 13, 2015, Plaintiff filed a motion for an

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extension of time to pay the $400 to proceed in forma pauperis. (ECF No. 4 at 1). Plaintiff

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explains that he is selling his home this month. (Id. at 2). The sale of the house will give

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Plaintiff the $400 he needs to continue with this case. (Id. at 5). Plaintiff requests an

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extension of time for 120 days to close escrow and to pay the Court. (Id. at 7).

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The Court grants Plaintiff’s motion for an extension of time in part. The Court grants

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Plaintiff 30 days from the date of this order to file a fully complete application to proceed in

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forma pauperis, on the correct form with complete financial attachments in compliance with

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28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350

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filing fee and the $50 administrative fee). The Court emphasizes that, if Plaintiff does not have

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sufficient funds to pay the $400 filing fee in full at this time, he may file an application to

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proceed in forma pauperis instead. Based on the statements in Plaintiff’s motion, it appears

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that Plaintiff may lack sufficient funds to pay the $400 filing fee at this time. As such, the Court
directs Plaintiff to file the application to proceed in forma pauperis.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion for an extension of time

(ECF No. 4) is granted in part.

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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 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.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF
No. 1), but shall not file it at this time.

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DATED: This 20th day of April, 2015.

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_________________________________
United States Magistrate Judge

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