Ramos-Rodriguez v. Las Vegas Metropolitan Police Department et al

Filing 6

ORDER Granting 5 Application for Leave to Proceed in forma pauperis. Initial payment of filing fees due 2/12/2016. IT IS FURTHER ORDERED the Clerk of the Court shall provide Plaintiff with two copies of this Order. Plaintiff is ordered to make the necessary arrangements to have one copy of this Order attached to the check in the amount of the designated fee. IT IS FURTHER ORDERED that Clark County Detention Center shall forward to the Clerk of the United States District Court, District of Nevada, twenty percent of the preceding month's deposits to Plaintiff's inmate trust account (in the months that the account exceeds $10.00) until the full $400 filing fee has been paid for this action. The Clerk of the Court sha ll send a copy of this Order to the Finance Division of the Clerk's Office. The Clerk shall also send a copy of this Order to the attention of the inmate accounts department at the Clark County Detention Center. Signed by Magistrate Judge Nancy J. Koppe on 01/12/2016. (Copies have been distributed pursuant to the NEF: copy of Order to Plaintiff, CCDC, and Finance - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MANUEL RAMOS-RODRIGUEZ,

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Plaintiff,
v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

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Defendants.
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2:15-cv-01212-GMN-NJK
ORDER

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Pending before the Court is Plaintiff Manuel Ramos-Rodriguez’s third application to proceed

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in this action in forma pauperis. Docket No. 5. Previously, Plaintiff filed an incomplete application.

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Docket No. 1. On June 26, 2015, the Court ordered that Plaintiff had until July 27, 2015, to file a

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renewed application accompanied by a signed financial certificate, a signed financial affidavit, and a

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certified statement from his inmate trust account for the previous six months. Docket No. 2.

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On July 21, 2015, Plaintiff filed a renewed application to proceed in forma pauperis, which was

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also incomplete. Docket No. 3. On July 29, 2015, the Court ordered that Plaintiff had until August 28,

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2015, to file a fully complete application accompanied by a signed financial certificate, a signed financial

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affidavit, and a certified statement from his inmate trust account for the previous six months. Docket

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No. 4. Plaintiff has now complied. See Docket No. 5.

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Plaintiff must pay an initial partial filing fee of the greater of twenty percent of the average

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monthly deposits or twenty percent of the average monthly balance of his account for the six months
immediately preceding the commencement of this action. See 28 U.S.C. § 1915(b)(1). Plaintiff’s

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average monthly balance is $23.28, and his average monthly deposit is $21.66. Therefore, the Court

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finds that Plaintiff must pay an initial partial filing fee of $4.66. Once Plaintiff pays his initial partial

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filing fee, the Court will screen his Complaint pursuant to 28 U.S.C. § 1915A(a).

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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. 5) without having to

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prepay the full filing fee is GRANTED. However, Plaintiff shall be required to pay an

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initial installment fee in the amount of $4.66 toward the full filing fee of $400. Plaintiff

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shall have the designated fee sent to the Clerk of the Court no later than February 12,

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2016. Failure to do so may result in dismissal of this action. Furthermore, even if this

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action is dismissed, the full filing fee must still be paid pursuant to 28 U.S.C.

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§ 1915(b)(2). If Plaintiff pays his initial partial filing fee no later than February 12, 2016,

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the Court will screen his Complaint pursuant to 28 U.S.C. § 1915A(a).

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2.

Plaintiff is permitted to maintain this action to conclusion without the necessity of

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prepayment of any additional fees or costs or the giving of security therefor. This Order

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granting in forma pauperis status shall not extend to the issuance of subpoenas at

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government expense.

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3.

The Clerk of the Court shall provide Plaintiff with two copies of this Order. Plaintiff is

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ordered to make the necessary arrangements to have one copy of this Order attached to

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the check in the amount of the designated fee.

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4.

Pursuant to 28 U.S.C. § 1915(b)(2), the Clark County Detention Center shall forward to

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the Clerk of the United States District Court, District of Nevada, twenty percent of the

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preceding month’s deposits to Plaintiff’s inmate trust account (in the months that the

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account exceeds $10.00) until the full $400 filing fee has been paid for this action. The

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Clerk of the Court shall send a copy of this Order to the Finance Division of the Clerk’s

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Office. The Clerk shall also send a copy of this Order to the attention of the inmate

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accounts department at the Clark County Detention Center, 330 South Casino Center

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Boulevard, Las Vegas, Nevada 89101.

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IT IS SO ORDERED.
DATED: This 12th day of January, 2016.

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_________________________________
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NANCY J. KOPPE
KOPPE
NANCY KOPP
C
United States Magistrate Judge
States Magistrate
ta
ta
a str

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