Goldsmith v. State of Nevada, ex rel et al

Filing 2

ORDER. IT IS ORDERED that 1 Application for Leave to Proceed in forma pauperis is DENIED without prejudice to file a new application. IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proce ed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. IFP or filing fee due within 30 days. 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 4/13/16. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 CHARLES GOLDSMITH, 2:16-cv-00815-GMN-NJK ORDER DISCUSSION 14 Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections, has 15 submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed an application to 16 proceed in forma pauperis. (ECF No. 1, 1-1). 17 Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to 28 U.S.C. 18 § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in 19 forma pauperis and attach both an inmate account statement for the past six months and a 20 properly executed financial certificate. Plaintiff has not submitted a financial certificate or an 21 inmate account statement. (See ECF No. 1). As such, the in forma pauperis application is 22 denied without prejudice. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), 23 but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be 24 granted an opportunity to cure the deficiencies of his application to proceed in forma pauperis, 25 or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new 26 application to proceed in forma pauperis he must file a fully complete application to proceed 27 in forma pauperis. 28 /// 1 2 3 II. CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is DENIED without prejudice to file a new application. 4 IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the 5 approved form application to proceed in forma pauperis by a prisoner, as well as the document 6 entitled information and instructions for filing an in forma pauperis application. 7 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 8 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the 9 correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or 10 (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 11 administrative fee). 12 13 14 15 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. 16 17 DATED: This 13th day of April, 2016. 18 19 20 _________________________________ NANCY J. KOPPE United States Magistrate Judge 21 22 23 24 25 26 27 28 2

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