Langford v. Colton et al

Filing 6

ORDER that 5 Motion to Extend Time to Either Pay the $400 Filng Fee or File a Completed In Forma Pauperis application is GRANTED. Plaintiff has until August 11, 2017, to either file a complete application to proceed in forma pauperis or pa y the full $400 filing fee. FURTHER ORDERED that 3 Report and Recommendation is REJECTED in light of the circumstances. Signed by Judge Jennifer A. Dorsey on 6/27/17. (Copies have been distributed pursuant to the NEF: blank ifp w/instructions to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Justin Langford,

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2:16-cv-01581-JAD-CWH

Plaintiff
Order

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v.

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Stan Colton, et al.

[ECF Nos. 3, 5]
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Defendants

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Justin Langford, an inmate at the High Desert State Prison, brings this civil-rights action.

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When it was discovered that he did not pay the $400 filing fee or submit an application to proceed in

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forma pauperis, the magistrate judge ordered him to pay the fee or submit a completed IFP

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application by May 22, 2017, or have this case dismissed.1 When that deadline passed without

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payment or an application, the magistrate judge recommended that I dismiss this case.2 Langford

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objects, explaining that he did not receive the original court order—although he received

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correspondence from the court, the papers were from someone else’s case.3 So he asks for additional

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time to respond. He further explains that he is in protective segregated custody with limited law-

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library access.

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Good cause appearing, IT IS HEREBY ORDERED that Langford’s motion to extend time to

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either pay the $400 filing fee or file a completed in forma pauperis application [ECF No. 5] is

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GRANTED. IT IS FURTHER ORDERED that:

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The Clerk of Court is directed to SEND plaintiff the approved form application for a prisoner

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to proceed in forma pauperis along with the document entitled “Information and Instructions for

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Filing an In Forma Pauperis Application.”

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ECF No. 2.

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ECF No. 3.

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ECF No. 4.

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Plaintiff has until August 11, 2017,4 to either (1) file a complete application to proceed

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in forma pauperis on the correct form with complete financial attachments in compliance with 28

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U.S.C. § 1915(a) (which requires him to complete the application and attach both an inmate account

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statement for the past six months and a properly executed financial certificate); or (2) pay the full

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$400 filing fee (which includes the $350 filing fee and the $50 administrative fee). If plaintiff does

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not fully complete either option 1 or 2 by August 11, 2017, this case will be dismissed without

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further prior notice.

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The Report and Recommendation for dismissal [3] is REJECTED in light of the
circumstances.

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Dated this 27th day of June, 2017.

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_________________________________
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Jennifer A. Dorsey
Dorsey
or
orse
United States District Judge
es
e

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Although Langford requested a 120-day extension, the court finds that a four-month extension of
time is not reasonable; so the court shortens that extension to a more reasonable one.
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