Gray v. Cox et al
Filing
2
ORDER that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner and the instructions. FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either f ile a properly completed ifp form or pay the filing fee. FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1-2), but shall not file it at this time. Signed by Magistrate Judge George Foley, Jr on 7/20/16. (Copies have been distributed pursuant to the NEF - MMM)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
12
)
)
Plaintiff,
)
)
v.
)
)
GREG COX et al.,
)
)
Defendants.
)
)
___________________________________ )
13
I.
7
8
9
10
11
MALCOLM GRAY,
2:16-cv-01651-RFB-GWF
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. (ECF No. 1-2). Plaintiff has
16
filed a financial certificate and an inmate account statement but has not submitted an
17
application to proceed in forma pauperis. (ECF No. 1, 1-1).
18
Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an
19
application to proceed in forma pauperis and attach both an inmate account statement for the
20
past six months and a properly executed financial certificate. Plaintiff has not submitted an
21
application to proceed in forma pauperis. (See ECF No. 1). The Court will retain Plaintiff’s
22
civil rights complaint (ECF No. 1-2), but will not file it until the matter of the payment of the
23
filing fee is resolved. Plaintiff will be granted an opportunity to cure the deficiencies of his
24
application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this
25
action. If Plaintiff chooses to file an application to proceed in forma pauperis he must file a
26
fully complete application to proceed in forma pauperis.
27
II.
28
CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND
1
Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as
2
the document entitled information and instructions for filing an in forma pauperis application.
3
IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,
4
Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the
5
correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or
6
(2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50
7
administrative fee).
8
9
10
11
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. 1-2), but shall not file it at this time.
12
13
DATED: This 20th day of July, 2016.
14
15
_________________________________
United States Magistrate Judge
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?