Isaza v. State of Nevada

Filing 2

ORDER that Plaintiff shall submit a complaint to this Court within thirty (30) days from the date of this order. 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 a dministrative fee). FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result. Signed by Magistrate Judge George Foley, Jr on 4/16/15. (Copies have been distributed pursuant to the NEF: blank forms w/instructions & copy of memorandum 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,
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Defendant.
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___________________________________ )

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I.

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RIGOBERTO ENRIQUE ISAZA,

2:15-cv-676-RFB-GWF
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has submitted a memorandum to the Court but has not submitted a complaint.

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(See ECF No. 1, 1-1). Plaintiff has neither paid the full filing fee for this matter nor filed an

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application to proceed in forma pauperis.

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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing

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a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff thirty (30)

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days from the date of this order to submit a complaint to this Court.

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Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an

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application to proceed in forma pauperis and attach both an inmate account statement for the

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past six months and a properly executed financial certificate. Plaintiff will be granted an

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opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full

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filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis

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he must file a fully complete application to proceed in forma pauperis.

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...

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff shall submit a complaint to this

Court within thirty (30) days from the date of this order.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the

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approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk

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of the Court shall also send Plaintiff a copy of his memorandum (ECF No. 1, 1-1).

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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.

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DATED: This 16th day of April, 2015.

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_________________________________
United States Magistrate Judge

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