Elgas et al v. Straub

Filing 2

ORDER Denying without prejudice Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff shall have until 4/15/2015 to submit the completed application or pay the $400.00 filing fee. The Clerk of Court shall retain Plaintiff's Complaint. Signed by Magistrate Judge Carl W. Hoffman on 3/16/2015. (Copies have been distributed pursuant to the NEF - IFP form/instructions mailed to Plaintiff - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 THOMAS ELGAS, 7 8 9 10 11 ) ) Plaintiff, ) ) vs. ) ) RICHARD STRAUB, ) ) Defendants. ) ____________________________________) Case No. 2:15-cv-00433-GMN-CWH ORDER 12 This matter is before the court on Plaintiff Thomas Elgas’ Motion/Application to Proceed In 13 Forma Pauperis (#1), filed March 10, 2015 pursuant to 28 U.S.C. § 1915. The Application is 14 incomplete. In question 3, Plaintiff indicates that he receives income from “[b]usiness, profession, or 15 other self-employment[,]” but does not indicate the amount received in the previous 12 months. 16 Further, he indicates that he has a vehicle payment, but does not identify the vehicle in response to 17 question 5 and does not describe the amounts owed and to whom they are payable in response to 18 question 8. As a result, the undersigned cannot determine whether Plaintiff qualifies to proceed in 19 forma pauperis. The Application will be denied without prejudice and the complaint retained but not 20 filed. Accordingly, 21 IT IS HEREBY ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis (#1) 22 denied without prejudice. The Clerk of Court shall mail Plaintiff a blank application, and Plaintiff 23 shall have until April 15, 2015, in which to submit the completed application or pay the $400.00 filing 24 fee. Failure to comply with this order will result in a recommendation that this case be dismissed. The 25 Clerk of Court shall retain Plaintiff’s Complaint. 26 Dated: March 16, 2015. 27 28 ________________________________________ C.W.Hoffman, Jr. United States Magistrate Judge

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