Welch v. White et al

Filing 6

ORDER Denying as Moot 3 Application for Leave to Proceed in forma pauperis. The Clerk of the Court shall file 1 -2 Complaint and issue summons for defendants Thomas White and Laborers Union Local 782. Plaintiff must complete service by 2/5/16. Signed by Magistrate Judge Peggy A. Leen on 10/8/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL W. WELCH,

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Case No. 2:15-cv-00940-LDG-PAL
Plaintiff,

ORDER

v.
(IFP App. – Dkt. #3)
THOMAS WHITE, et al.,
Defendants.

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This matter is before the Court on Plaintiff Michael W. Welch’s Application to Proceed

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In Forma Pauperis (Dkt. #3). This proceeding was referred to the undersigned pursuant to 28

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U.S.C. § 636(b)(1)(A) and LR IB 1-3 and 1-9.

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Plaintiff is proceeding in this action pro se, which means that he is not represented by an

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attorney. See LSR 2-1. He first requested authority pursuant to 28 U.S.C. § 1915 to proceed in

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forma pauperis (“IFP”) on May 19, 2015. See IFP Application (Dkt. #1). However, Plaintiff

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submitted the application designated for incarcerated litigants and, as a result, the Court was

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unable to determine whether Plaintiff was eligible for IFP status. See Order (Dkt. #2). The

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Court instructed Plaintiff to resubmit his application on the correct form. Id. Plaintiff renewed

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his IFP Application (Dkt. #3), but subsequently paid the full filing fee of $400 and filed an

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amended complaint. See Receipt of Payment (Dkt. #4); Am. Compl. (Dkt. #5). Thus, Plaintiff’s

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IFP Application is now moot.

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Accordingly,

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1. Plaintiff’s Application to Proceed In Forma Pauperis (Dkt. #3) is DENIED as moot.

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2. The Clerk of the Court shall file the original Complaint (Dkt. #1-2) and issue

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summons for Defendants Thomas White and Laborers Union Local 872.

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3. Plaintiff is advised to carefully review Rule 4 of the Federal Rules of Civil Procedure

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in order to properly serve Defendants. Pursuant to Rule 4(m) of the Federal Rules of

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Civil Procedure, Plaintiff must complete service within 120 days from the date this

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order, or by February 5, 2016.

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4. From this point forward, Plaintiff shall serve upon Defendants, or, if appearance has

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been entered by counsel, upon the attorney(s), a copy of every pleading motion or

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other document submitted for consideration by the court. Plaintiff shall include with

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the original papers submitted for filing a certificate stating the date that a true and

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correct copy of the document was mailed to the Defendants or counsel for the

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Defendants. The court may disregard any paper received by a district judge or

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magistrate judge that has not been filed with the Clerk of the Court, and any paper

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received by a district judge, magistrate judge, or the Clerk that fails to include a

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certificate of service.

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Dated this 8th day of October, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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