Cibulka v. Fronczek et al

Filing 3

ORDER. IT IS THEREFORE ORDERED that 1 Application for Leave to Proceed in forma pauperis is DENIED without prejudice to file a new application. IT IS FURTHER ORDERED that 2 Motion for Leave to File is DENIED without prejudice. IT IS FURTHER ORD ERED that the Clerk of Court shall send to Plaintiff the approved form application to proceed in forma pauperis as well as instructions. IT IS FURTHER ORDERED that application or filing fee is due within 30 days. Signed by Magistrate Judge Carl W. Hoffman on 10/6/15. (Copies have been distributed pursuant to the NEF - TR)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
JAMES PATRICK CIBULKA,
8
9
10
11
12
13

)
)
Plaintiff,
)
)
vs.
)
)
THOMAS FRONCZEK, et al.,
)
)
Defendants.
)
__________________________________________)

Case No. 2:15-cv-01900-RCJ-CWH
ORDER

Plaintiff James Patrick Cibulka, who is incarcerated at the Clark County Detention Center,

14

submitted a civil rights complaint under 42 U.S.C. § 1983 and an application to proceed in forma

15

pauperis. (ECF Nos. 1, 1-1.) Plaintiff also filed a motion requesting the Court’s permission to file

16

a civil rights complaint that is longer than the form complaint. (ECF No. 2.)

17

Plaintiff’s application to proceed in forma pauperis is incomplete. Under 28 U.S.C.

18

§ 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma

19

pauperis and attach (1) a properly executed financial certificate, and (2) an inmate account

20

statement for the past six months. Although Plaintiff submitted the in forma pauperis application

21

and the financial certificate, Plaintiff did not attach an inmate account statement for the past six

22

months. The Court therefore will deny Plaintiff’s application to proceed in forma pauperis without

23

prejudice. Plaintiff must cure the deficiencies of his application to proceed in forma pauperis, or in

24

the alternative, pay the full filing fee for this action. Plaintiff is advised that if he has been

25

incarcerated at the Clark County Detention Center for fewer than six months, then he must submit

26

an inmate account statement for the period he has been incarcerated. If Plaintiff chooses to file a

27

new application to proceed in forma pauperis, Plaintiff must file a fully complete application to

28

proceed in forma pauperis.

1
2
3

IT IS THEREFORE ORDERED that Plaintiff James Patrick Cibulka’s application to
proceed in forma pauperis (ECF No. 1) is DENIED without prejudice to file a new application.
IT IS FURTHER ORDERED that Plaintiff James Patrick Cibulka’s motion for leave to file

4

a civil rights complaint that is longer than the form complaint (ECF No. 2) is DENIED without

5

prejudice. If Plaintiff is granted in forma pauperis status or pays the filing fee, Plaintiff may move

6

to reinstate the motion.

7

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

8

Cibulka the approved form application to proceed in forma pauperis by a prisoner as well as the

9

form titled “Information and Instructions for Filing a Motion for Leave to Proceed In Forma

10
11

Pauperis.”
IT IS FURTHER ORDERED that within 30 days from the date of this Order, Plaintiff

12

James Patrick Cibulka must either (1) file a fully complete application to proceed in forma

13

pauperis, on the correct form with complete financial attachments, or (2) pay the full $400 fee for

14

filing a civil action, which includes the $350 filing fee and the $50 administrative fee.

15
16

IT IS FURTHER ORDERED that failure to comply with this order may result in a
recommendation that this case be dismissed.

17
18

DATED: October 6, 2015

19
20
21

______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

22
23
24
25
26
27
28
2