Klein v. Stroud et al

Filing 5

ORDER granting ECF No. 3 Motion to Extend Time; denying ECF No. 4 Motion for Complaint to Proceed; directing Clerk to send Plaintiff IFP application form with instructions (mailed 5/3/16); and directing Plaintiff to file fully complete IFP application form or pay filing fee by May 31, 2016. Signed by Magistrate Judge Cam Ferenbach on 5/3/16. (Copies have been distributed pursuant to the NEF - JC)

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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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B. STROUD et al.,
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Defendants.
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___________________________________ )

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I.

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PAUL S. KLEIN,

2:16-cv-00637-JAD-VCF
ORDER

DISCUSSION

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On March 23, 2016, Plaintiff submitted a civil rights complaint pursuant to 42 U.S.C.

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§ 1983 but did not submit an application to proceed in forma pauperis or pay the filing fee for

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this action. (ECF No. 1). On March 25, 2016, this Court ordered Plaintiff to file a fully

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complete application to proceed in forma pauperis or pay the full filing fee within 30 days from

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the date of that order. (ECF No. 2).

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On April 27, 2016, Plaintiff filed a motion to proceed with the case because Defendants

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had failed to comply with the Court’s order. (ECF No. 4). Alternatively, Plaintiff filed a motion

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for an extension of time.1 (ECF No. 3).

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complete application to proceed in forma pauperis when he submitted his complaint to this

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Court. (Id. at 2). He asserts that, after receiving this Court’s order, he submitted a prison

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accounting form, attached this Court’s order, and mailed it to prison authorities. (Id.). Plaintiff

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asserts that Defendants have failed to provide Plaintiff with the required financial documents.

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(Id.). Plaintiff asks this Court to file his complaint without an application to proceed in forma

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pauperis. (Id. at 3).

In the motions, Plaintiff asserts that he had filed a

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The two motions are identical. (See ECF No. 3, 4). The Court will cite to ECF No.
3 when addressing the motions.

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As an initial matter, the Court reiterates that it has never received an application to

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proceed in forma pauperis from Plaintiff in this case. The Court notes that it is Plaintiff’s

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responsibility to follow up with prison officials to ensure that he acquires the correct financial

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documents in a timely manner. Based on the motions, Plaintiff never followed up with prison

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officials about his pending request. Accordingly, the Court denies Plaintiff’s motion to proceed

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with this case absent a complete application to proceed in forma pauperis but grants Plaintiff’s

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motion for an extension of time. On or before Tuesday, May 31, 2016, Plaintiff shall either file

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a complete application to proceed in forma pauperis or pay the full filing fee for this case.

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The Court further notes that Plaintiff is an experienced litigator in this Court and knows

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how to correctly file an application to proceed in forma pauperis with this Court. Plaintiff will

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be granted one final opportunity to file a complete application to proceed in forma pauperis,

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or in the alternative, pay the full filing fee for this action. If Plaintiff files an incomplete

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application to proceed in forma pauperis or fails to file an application, the Court will dismiss the

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case in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the

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necessary documents to file a complete application to proceed in forma pauperis.

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II.

For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for an extension of

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time (ECF No. 3) is granted.
IT IS FURTHER ORDERED that the motion for complaint to proceed (ECF No. 4) is

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CONCLUSION

denied.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL 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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entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before Tuesday, May 31, 2016, Plaintiff shall

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

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

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$400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative

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fee).
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IT IS FURTHER ORDERED that, if Plaintiff files an incomplete application to proceed

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in forma pauperis or fails to file an application, the Court will dismiss the case, without

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prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents

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to file a complete application to proceed in forma pauperis.

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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), but shall not file it at this time.

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3rd
DATED: This _____ day of May, 2016.

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_________________________________
United States Magistrate Judge

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