Smith v. Eisenberg et al

Filing 8

ORDER. IT IS HEREBY ORDERED that plaintiff's renewed Application to Proceed In Forma Pauperis 6 is denied without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall mail a blank application to plaintiff. Plaintiff shall have until 6/6/16 in which to submit a completed application that includes the information discussed in this order, along with plaintiffs inmate account statement for the past six months and a properly executed financial certification, or pay the $ ;400.00 filing fee. Failure to comply with this order will result in a recommendation that this case be dismissed.IT IS FURTHER ORDERED that the Clerk of Court shall retain plaintiff's complaint. Signed by Magistrate Judge Carl W. Hoffman on 5/19/16. (Copies have been distributed pursuant to the NEF - PS)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 DONOVAN SMITH, ) ) Plaintiff, ) vs. ) ) SAMANTHA EISENBERG, et al., ) ) Defendants. ) ____________________________________) Case No. 2:16-cv-00618-JCM-CWH ORDER This matter is before the Court on Plaintiff Donovan Smith’s (“plaintiff”) renewed Application to Proceed In Forma Pauperis (doc. # 6), filed May 9, 2016. 17 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, plaintiff must complete an application to 18 proceed in forma pauperis for prisoners, and attach both an inmate account statement for the past six 19 months and a properly executed financial certification. Plaintiff has submitted a renewed application to 20 proceed in forma pauperis, but has not completely filled out section 2 of the application form. Because the 21 information provided for review is incomplete, this Court is unable to determine whether plaintiff can 22 afford the filing fee required to pursue the instant action. 23 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s renewed Application to Proceed In Forma Pauperis (doc. # 6) is denied without prejudice. 25 IT IS FURTHER ORDERED that the Clerk of Court shall mail a blank application to plaintiff. 26 Plaintiff shall have until June 6, 2016 in which to submit a completed application that includes the 27 information discussed in this order, along with plaintiff’s inmate account statement for the past six months 28 and a properly executed financial certification, or pay the $400.00 filing fee. Failure to comply with this 1 order will result in a recommendation that this case be dismissed. 2 IT IS FURTHER ORDERED that the Clerk of Court shall retain plaintiff’s complaint. 3 DATED: May 19, 2016 4 5 6 ________________________________________ C.W.Hoffman, Jr. United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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