Fleming v. Piro

Filing 3

ORDER. IT IS SO ORDERED that Plaintiff's application to proceed in forma pauperis is hereby DENIED without prejudice. Plaintiff shall file a Complaint and a renewed application to proceed in forma pauperis, accompanied by a signed financial certificate and a certified statement from his inmate trust account for the previous 6 months. The Clerk of the Court shall send Plaintiff a blank in forma pauperis application form for pro se litigants who are incarcerated. In the alternative, Pla intiff shall make the necessary arrangements to pay the filing fee of $400, accompanied by a copy of this Order. Plaintiff shall have until 4/29/16, to comply. Failure to comply will result in a recommendation to the district judge for dismissal of this action. Signed by Magistrate Judge Nancy J. Koppe on 4/15/16. (Copies have been distributed pursuant to the NEF - PS)

1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
ANTWONE FLEMING,
11
12
13
14
15

)
)
Plaintiff(s),
)
)
vs.
)
)
JOHN PIRO,
)
)
Defendant(s).
)
__________________________________________)

Case No. 2:16-cv-00753-KJD-NJK
ORDER DENYING APPLICATION
TO PROCEED IN FORMA PAUPERIS
(Docket No. 1)

16

Pending before the Court is Plaintiff’s application to proceed in this action in forma pauperis.

17

Docket No. 1. Plaintiff is currently incarcerated in the Clark County Detention Center. Id. at 1. Prisoners

18

seeking to proceed in a case in forma pauperis must submit an affidavit including a statement of all assets

19

he possesses, as well as “a certified copy of the trust fund account statement (or institutional equivalent)

20

for the prisoner for the 6-month period immediately preceding the filing of the complaint . . ., obtained

21

from the appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. §

22

1915(a)(2).
In this instance, Plaintiff’s application omits a certified copy of his trust fund account statement.

23
24

Therefore, his application to proceed in forma pauperis is deficient.

25

Further, Plaintiff has not filed a Complaint. Instead, he has only attached a civil cover sheet to his

26

in forma pauperis application. Docket No. 1-1. Failure to file a proper complaint may result in dismissal

27

of this case. Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992).

28

//

1

Based on the foregoing, IT IS ORDERED that:

2

1.

Plaintiff’s application to proceed in forma pauperis is hereby DENIED without prejudice.

3

2.

Plaintiff shall file a Complaint and a renewed application to proceed in forma pauperis,

4

accompanied by a signed financial certificate and a certified statement from his inmate trust

5

account for the previous six months.

6

3.

7
8

The Clerk of the Court shall send Plaintiff a blank in forma pauperis application form for
pro se litigants who are incarcerated.

4.

In the alternative, Plaintiff shall make the necessary arrangements to pay the filing fee of

9

$400, accompanied by a copy of this Order.

10

5.

Plaintiff shall have until April 29, 2016, to comply.

11

6.

Failure to comply will result in a recommendation to the district judge for dismissal of this

12

action.

13

Dated: April 15, 2016

14
15

________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2