Tolliver v. Nevada Department of Corrections et al

Filing 21

ORDER that 7 Motion/Application for Leave to Proceed in forma pauperis is DENIED as moot. FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as well as t he document entitled information and instructions for filing an in forma pauperis application. FURTHER ORDERED that, no later than September 5, 2017, Plaintiff shall either file a completed ifp application or pay the full filing fee. FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result. FURTHER ORDERED that upon the resolution of the matter of the filing fee this Court shall issue a subsequent order on the matter of service. Signed by Magistrate Judge Nancy J. Koppe on 8/4/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

GEORGE A. TOLIVER,
Plaintiff,

8
v.

9
10

NEVADA DEPARTMENT OF
CORRECTIONS et al.,

11
Defendants.
12

)
)
)
)
)
)
)
)
)
)
)

2:16-cv-01807-JAD-NJK
ORDER

___________________________________
13
14

I.

DISCUSSION

15

This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by an

16

individual who was in the custody of the Nevada Department of Corrections at the time he

17

initiated this case. At the time Plaintiff initiated this case, Plaintiff submitted an application to

18

proceed in forma pauperis for prisoners. (ECF No. 7). In this Court’s May 8, 2017 screening

19

order, the Court deferred a decision on the application to proceed in forma pauperis. (ECF

20

No. 10 at 9). The screening order also imposed a 90-day stay and the Court entered a

21

subsequent order in which the parties were assigned to mediation by a court-appointed

22

mediator. (ECF No. 10, 17). The Office of the Attorney General has filed a status report

23

indicating that settlement has not been reached and informing the Court of its intent to proceed

24

with this action. (ECF No. 20).

25

The Court now directs Plaintiff to file an application to proceed in forma pauperis by a

26

non-prisoner within thirty (30) days from the date of this order or pay the full filing fee of $400.

27

After the Court determines the matter of the payment of the filing fee, the Court will issue an

28

order on the matter of service.

1
2
3

II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

forma pauperis for prisoners (ECF No. 7) is DENIED as moot.

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 non-prisoner, as well as the

6

document entitled information and instructions for filing an in forma pauperis application.

7

IT IS FURTHER ORDERED that, no later than September 5, 2017, Plaintiff shall either:

8

(1) file a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay

9

the full filing fee of $400.

10
11
12
13

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 upon the resolution of the matter of the filing fee this
Court shall issue a subsequent order on the matter of service.

14
15

DATED: This 4th day of August, 2017.

16
17
18

_________________________________
NANCY J. KOPPE
United States Magistrate Judge

19
20
21
22
23
24
25
26
27
28
2