Ocasio v. Perez et al

Filing 3

ORDER No later than 6/6/2016, Plaintiff shall file notice indicating whether he intends to continue proceeding with this case or whether he intends to have case dismissed. Signed by Magistrate Judge Nancy J. Koppe on 5/23/16. (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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ALEXANDER OCASIO,

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Plaintiff is proceeding in this action pro se and has requested authority pursuant to 28 U.S.C.

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§ 1915 to proceed in forma pauperis. Docket No. 1. Plaintiff also submitted a Complaint on April

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27, 2016. Docket No. 1-1.

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Plaintiff(s),
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vs.
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OFFICER PEREZ, et al.,
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Defendant(s).

Case No. 2:16-cv-00956-GMN-NJK
ORDER

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Now pending before the Court is Plaintiff’s notice of his intent to withdraw his in forma

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pauperis application and his complaint, which is premised on Plaintiff’s contention that his action

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is now time-barred because the Court did not grant him in forma pauperis status prior to expiration

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of the statute of limitations. Docket No. 2. Plaintiff’s premise is faulty. For statute of limitations

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purposes, “a complaint will be deemed filed at the time it is delivered to the clerk with an IFP

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application, and . . . no time will be deducted from any limitations period while the application

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awaits a ruling.” Escobedo v. Applebees, 787 F.3d 1226, 1233 (9th Cir. 2015). Accordingly, the

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pendency of Plaintiff’s in forma pauperis application has no bearing on whether Plaintiff’s complaint

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is timely.

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The Court typically adheres to requests by plaintiffs to terminate their cases. In light of

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Plaintiff’s status as a pro se litigant and the fact that his reason for seeking to end this case is

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incorrect as a matter of law, however, the Court will afford Plaintiff an opportunity to review the

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above reasoning and decide whether he does in fact seek to end this case. Accordingly, no later than

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June 6, 2016, Plaintiff shall file a notice indicating whether he intends to continue proceeding with

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this case or whether he intends to have the case dismissed.

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IT IS SO ORDERED.

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Dated: May 23, 2016

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NANCY J. KOPPE
United States Magistrate Judge

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