Nerez III v. Howell et al

Filing 4

ORDER. IT IS ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a non- prisoner, as well as the document entitled information and instructions for filing an in forma pauperis appli cation.IT IS FURTHER ORDERED that on or before Friday, 4/29/16, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the full $400 fee.IT IS FURTHER ORDERED that if Plain tiff 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 [1-1], but shall not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 3/30/16. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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HOWELL et al.,
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Defendants.
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___________________________________ )

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I.

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MANUEL NEREZ III,

2:16-cv-00333-APG-NJK
ORDER

DISCUSSION

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On February 17, 2016, Plaintiff, then a pro se prisoner, initiated this lawsuit. (ECF No.

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1, 1-1). On February 22, 2016, the Court denied Plaintiff’s incomplete application to proceed

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in forma pauperis, without prejudice, to file a new application. (ECF No. 2 at 1-2). The Court

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ordered Plaintiff to file a fully complete application to proceed in forma pauperis or pay the full

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$400 filing fee within thirty (30) days from the date of that order. (Id. at 2). The Court stated

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that it would dismiss the action if Plaintiff did not timely comply with the order. (Id.).

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The deadline has expired and Plaintiff has not filed a new application to proceed in

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forma pauperis or paid the full filing fee for this action. However, on March 29, 2016, Plaintiff

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filed a notice of change of address demonstrating that he is no longer incarcerated. (ECF

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No. 3).

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Based on the filings in the docket, it is unclear to the Court whether Plaintiff received

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this Court’s February 22, 2016, order prior to leaving the Nevada Department of Corrections.

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As such, the Court grants Plaintiff an extension of time to either file a fully complete application

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to proceed in forma pauperis for non-prisoners or, in the alternative, pay the full filing fee for

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this action.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND

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Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as

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well as the document entitled information and instructions for filing an in forma pauperis

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application.

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IT IS FURTHER ORDERED that on or before Friday, April 29, 2016, Plaintiff shall

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either: (1) file a fully complete application to proceed in forma pauperis for non-prisoners; or

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

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administrative fee).

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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.

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DATED: This 30th day of March, 2016.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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