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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Justin Langford, 5 2:16-cv-01581-JAD-CWH Plaintiff Order 6 v. 7 Stan Colton, et al. [ECF Nos. 3, 5] 8 Defendants 9 10 Justin Langford, an inmate at the High Desert State Prison, brings this civil-rights action. 11 When it was discovered that he did not pay the $400 filing fee or submit an application to proceed in 12 forma pauperis, the magistrate judge ordered him to pay the fee or submit a completed IFP 13 application by May 22, 2017, or have this case dismissed.1 When that deadline passed without 14 payment or an application, the magistrate judge recommended that I dismiss this case.2 Langford 15 objects, explaining that he did not receive the original court order—although he received 16 correspondence from the court, the papers were from someone else’s case.3 So he asks for additional 17 time to respond. He further explains that he is in protective segregated custody with limited law- 18 library access. 19 Good cause appearing, IT IS HEREBY ORDERED that Langford’s motion to extend time to 20 either pay the $400 filing fee or file a completed in forma pauperis application [ECF No. 5] is 21 GRANTED. IT IS FURTHER ORDERED that: 22 The Clerk of Court is directed to SEND plaintiff the approved form application for a prisoner 23 to proceed in forma pauperis along with the document entitled “Information and Instructions for 24 Filing an In Forma Pauperis Application.” 25 1 ECF No. 2. 27 2 ECF No. 3. 28 3 ECF No. 4. 26 1 1 Plaintiff has until August 11, 2017,4 to either (1) file a complete application to proceed 2 in forma pauperis on the correct form with complete financial attachments in compliance with 28 3 U.S.C. § 1915(a) (which requires him to complete the application and attach both an inmate account 4 statement for the past six months and a properly executed financial certificate); or (2) pay the full 5 $400 filing fee (which includes the $350 filing fee and the $50 administrative fee). If plaintiff does 6 not fully complete either option 1 or 2 by August 11, 2017, this case will be dismissed without 7 further prior notice. 8 9 The Report and Recommendation for dismissal [3] is REJECTED in light of the circumstances. 10 Dated this 27th day of June, 2017. 11 _________________________________ _________________ _ __ _ _ _ _ Jennifer A. Dorsey Dorsey or orse United States District Judge es e 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 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. 2

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