Johnson v. Gamble et al

Filing 2

ORDER Denying Plaintiff's 1 Application for Leave to Proceed in Forma Pauperis Without Prejudice to file a new application. IT IS FURTHER ORDERED the Clerk of the Court shall send Plaintiff the approved form application to proceed in forma p auperis by a prisoner, as well as the document entitled 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 shall either file a fully complet e application to proceed in forma pauperis or pay the full $400 fee for filing a civil action. If Plaintiff does not timely comply with this order, dismissal of this action may result. IT IS FURTHER ORDERED the Clerk of the Court shall retain the 1 -1 complaint, but shall not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 01/14/2016. (Copies have been distributed pursuant to the NEF: copy of Order, application to proceed in forma pauperis by a prisoner, and instructions mailed to Plaintiff - NEV)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

12

)
)
)
Plaintiff,
)
)
v.
)
ARTHUR EMLING et al.,
)
)
Defendants.
)
)
___________________________________ )

13

I.

8
9
10
11

SAMMY JOHNSON,

2:16-cv-00062-APG-NJK
ORDER

DISCUSSION

14

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

15

submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed an application to

16

proceed in forma pauperis. (ECF No. 1, 1-1).

17

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

18

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

19

forma pauperis and attach both an inmate account statement for the past six months and a

20

properly executed financial certificate. Plaintiff has not submitted the penalty of perjury page

21

on page 3 of the application to proceed in forma pauperis. (See ECF No. 1). As such, the in

22

forma pauperis application is denied without prejudice. The Court will retain Plaintiff’s civil

23

rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee

24

is resolved. Plaintiff will be granted an opportunity to cure the deficiencies of his application

25

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

26

Plaintiff chooses to file a new application to proceed in forma pauperis he must file a fully

27

complete application to proceed in forma pauperis.

28

///

1
2
3

II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

forma pauperis (ECF No. 1) is DENIED without prejudice to file a new application.

4

IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

5

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

6

entitled information and instructions for filing an in forma pauperis application.

7

IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

8

Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the

9

correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or

10

(2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50

11

administrative fee).

12
13
14
15

IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF
No. 1-1), but shall not file it at this time.

16
17

DATED: This 14th day of January, 2016.

18
19
20

_________________________________
_____________________________
__ __ __ _ ___
_
NANCY J. KOPPE
NANCY KOPPE
A Y
OPP
United States Magistrate Judge
States Magistrate
ta
a
a is

21
22
23
24
25
26
27
28
2