Fleming v. Piro

Filing 4

AMENDED ORDER. IT IS HEREBY ORDERED that: Plaintiffs 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 recent (wi thin the past six months) signed and executed financial certificate, a certified statement from his inmate trust account, and a signed and executed financial affidavit. The Clerk of the Court shall send Plaintiff a blank in forma pauperis applicati on form for incarcerated litigants with instructions. In the alternative, Plaintiff shall make the necessary arrangements to pay the filing fee of $400, accompanied by a copy of this Order. Plaintiff must comply with this order no later than 5/16/16. Signed by Magistrate Judge Nancy J. Koppe on 4/18/16. (Copies have been distributed pursuant to the NEF - PS) Modified on 4/18/2016 (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
AMENDED
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. This

18

proceeding was referred to the Court by Local Rule IB 1.9. Plaintiff has submitted the affidavit required

19

by § 1915(a) showing an inability to prepay fees and costs or give security for them. However, he must

20

also include a recent (within the past six months) financial certificate signed by an authorized officer of

21

the institution in which he is incarcerated, a copy of his inmate trust account statement, and a signed

22

financial affidavit as required by 28 U.S.C. § 1915 (a)(2) and LSR 1-2.

23

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

24

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

25

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

26

Based on the foregoing, IT IS ORDERED that:

27

1.

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

28

2.

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

1

accompanied by a recent (within the past six months) signed and executed financial

2

certificate, a certified statement from his inmate trust account, and a signed and executed

3

financial affidavit.

4

3.

5
6

The Clerk of the Court shall send Plaintiff a blank in forma pauperis application form for
incarcerated litigants with instructions.

4.

7

In the alternative, Plaintiff shall make the necessary arrangements to pay the filing fee of
$400, accompanied by a copy of this Order.

8

5.

Plaintiff must comply with this order no later than May 16, 2016.

9

6.

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

10

action.

11

Dated: April 18, 2016

12
13

________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2