West v. Cox et al

Filing 26

ORDER. IT IS FURTHER ORDERED that on or before Friday, 11/4/16, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the full filing fee of $400. IT IS FURTHER ORDERED that a decision on the motion for leave to file a second amended complaint 25 is deferred until the matter of the filing fee has been resolved. Signed by Magistrate Judge Cam Ferenbach on 10/27/2016. (Copies have been distributed pursuant to the NEF - DL)

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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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GREG COX et al.,
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Defendants.
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___________________________________ )

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I.

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MARY S. WEST,

Case No. 2:15-cv-00665-GMN-VCF
ORDER

DISCUSSION

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At the time this civil rights case was initiated, Plaintiff was a pro se prisoner in the

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custody of the Nevada Department of Corrections. Plaintiff had submitted an application to

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proceed in forma pauperis for prisoners. (ECF No. 1). On April 12, 2016, this Court entered

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a screening order, deferred a decision on the application to proceed in forma pauperis,

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imposed a 90-day stay, and referred the case to mediation. (ECF No. 11 at 6). Prior to

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mediation, Travis N. Barrick, Esq. filed a motion for leave to appear for the limited purpose of

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participating in settlement discussions on behalf of Plaintiff. (ECF No. 13). The Court granted

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the motion and directed Mr. Barrick to either file a notice of appearance or a notice of

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withdrawal after mediation. (ECF No. 14). Mr. Barrick filed a notice of appearance. (ECF No.

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21). On October 20, 2016, the Court ordered Plaintiff to either file an application to proceed

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in forma pauperis for non-prisoners or to pay the full filing fee of $400 to proceed with this

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case. (ECF No. 24 at 2). On October 25, 2016, Plaintiff, through counsel, filed a motion for

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leave to file a second amended complaint. (ECF No. 25).

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The Court defers a decision on the motion for leave to file a second amended complaint

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until the matter of the filing fee has been addressed. On or before Friday, November 4, 2016,
Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for non-

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prisoners; or (2) pay the full filing fee of $400. If Plaintiff fails to comply with this order, the

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Court will dismiss this case with prejudice.

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II.

CONCLUSION

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For the foregoing reasons, IT IS FURTHER ORDERED that on or before Friday,

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November 4, 2016, Plaintiff shall either: (1) file a fully complete application to proceed in

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forma pauperis for non-prisoners; or (2) pay the full filing fee of $400. If Plaintiff does not

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timely comply with this order, the Court will dismiss this case with prejudice.

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IT IS FURTHER ORDERED that a decision on the motion for leave to file a second

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amended complaint (ECF No. 25) is deferred until the matter of the filing fee has been

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resolved.

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27th
DATED: This _____ day of October, 2016.

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_________________________________
United States Magistrate Judge

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