Greene v. Logisticare Solutions, LLC

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice. Plaintiff shall have until April 24, 2015, in which to submit the completed application or pay the $400.00 filing fee. The Clerk shall retain Plaintiff's Complaint. Signed by Magistrate Judge Nancy J. Koppe on 3/24/15. (Copies have been distributed pursuant to the NEF: blank ifp form to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CEDRIC GREENE,

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This matter is before the court on Plaintiff Cedric Greene’s Application to Proceed In Forma

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Pauperis filed March 23, 2015. Docket No. 1. Plaintiff has requested authority, pursuant to

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28 U.S.C. § 1915, to proceed in forma pauperis. This proceeding was referred to this court by Local

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Rule IB 1-9.

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Plaintiff(s),
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vs.
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LOGISTICARE SOLUTIONS, LLC,
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Defendant(s).

Case No. 2:15-cv-00523-RFB-NJK
ORDER
(Docket No. 1)

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Plaintiff has submitted an incomplete Application to Proceed In Forma Pauperis. Plaintiff

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has not responded fully to question 2 – namely, he fails to disclose his Social Security payments as

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income, and he fails to state the amount of such payments. Additionally, Plaintiff has not responded

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fully to question 6 – namely, he fails to the state the amount of his regular monthly expenses. As

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a result, the Court cannot determine whether Plaintiff qualifies to proceed in forma pauperis, and

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his Application will be denied without prejudice.1 The Clerk of the Court shall retain the Complaint.

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...

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Additionally, it appears that Plaintiff will be unable to establish that venue is proper in this
district. See Piedmont Label Co. v. Sun Garden Packing Co., 598 F.2d 491, 496 (9th Cir. 1979).
Venue in a civil action is proper in “a judicial district in which any defendant resides, if all
defendants are residents of the State in which the district is located,” or “a judicial district in which
a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part
of property that is the subject of the action is situated.” 28 U.S.C. § 1391(b).

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Accordingly,

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IT IS ORDERED:

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1.

Plaintiff’s Application to Proceed In Forma Pauperis (Docket No. 1) is DENIED

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WITHOUT PREJUDICE.

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application, and Plaintiff shall have until April 24, 2015, in which to submit the

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completed application or pay the $400.00 filing fee. Failure to comply with this

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order will result in a recommendation to the district judge for dismissal.

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2.

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The Clerk of Court shall mail Plaintiff a blank

The Clerk of Court shall retain Plaintiff’s Complaint.

DATED: March 24, 2015

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NANCY J. KOPPE
United States Magistrate Judge

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