Stuckey v. Clark County et al

Filing 5

ORDER. IT IS ORDERED that the Clerk of the Court must send Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document titled information and instructions for filing an in forma pauperis application. IT IS FURTHER ORDERED that within thirty days from the date of this order, Plaintiff must either: (1) file a complete application to proceed in forma pauperis, on the correct form with complete financial attachments in comp liance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for a civil action. IT IS FURTHER ORDERED that the Clerk of the Court must retain 3 the complaint, but must not file it at this time. Signed by Magistrate Judge Carl W. Hoffman on 4/24/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES L. STUCKEY,

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Plaintiff,
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vs.
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CLARK COUNTY, et al,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-02165-RFB-CWH
ORDER

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Upon review of the docket in this case, it appears that Pro se Plaintiff James L. Stuckey, a

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prisoner in the custody of the Clark County Detention Center, submitted a complaint under 42

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U.S.C. § 1983 on December 8, 2015. (ECF No. 3). However, Plaintiff did not pay the full filing

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fee for this case or file an application to proceed in forma pauperis.

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Under 28 U.S.C. § 1915(a) and Local Rules (“LSR”) 1-1 and 1-2, Plaintiff must complete

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an 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. The court will retain Plaintiff’s

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complaint (ECF No. 3), but will not file it until the matter of the payment of the filing fee is

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resolved. Plaintiff will be granted an opportunity to file an application to proceed in forma

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pauperis, or in the alternative, to pay the full filing fee for this action.

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IT IS THEREFORE ORDERED that the Clerk of the Court must 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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titled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that within thirty days from the date of this order, Plaintiff

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must either: (1) file a complete application to proceed in forma pauperis, on the correct form with

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complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee

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for a civil action (which includes the $350 filing fee and the $50 administrative fee). Plaintiff is

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advised that failure to comply with this order will result in a recommendation that his case be

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dismissed.

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IT IS FURTHER ORDERED that the Clerk of the Court must retain the complaint (ECF
No. 3), but must not file it at this time.

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DATED: April 24, 2017
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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