Cerasoli v. Lombardo et al
Filing
5
ORDER Denying 1 Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis and instructions. IFP or Payment of filing fe es due 8/26/2016. 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 1 but shall not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 7/27/2016. (Copies have been distributed pursuant to the NEF - DL)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
12
)
)
Plaintiff,
)
)
v.
)
)
SHERIFF JOE LOMBARDO et al.,
)
)
Defendants.
)
)
___________________________________ )
13
I.
7
8
9
10
11
DINO CERASOLI,
2:16-cv-01765-JCM-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 properly executed financial
21
certificate or an inmate account statement. (See ECF No. 1). As such, the in forma pauperis
22
application is denied without prejudice. The Court will retain Plaintiff’s civil rights complaint
23
(ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved.
24
Plaintiff will be granted an opportunity to cure the deficiencies of his application to proceed in
25
forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses
26
to file a new application to proceed in forma pauperis he must file a fully complete application
27
to proceed in forma pauperis.
28
///
1
II.
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in
2
3
CONCLUSION
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, no later than August 26, 2016, Plaintiff shall either:
8
(1) file a fully complete application to proceed in forma pauperis, on the correct form with
9
complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full
10
$400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative
11
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 27th day of July, 2016.
18
19
20
_________________________________
NANCY J. KOPPE
United States Magistrate Judge
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?