Jackson v. Newton et al

Filing 8

ORDER that Plaintiff's 7 Letter is construed as a motion for extension of time. The Court Grants the motion for an extension of time. Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis or (2) pa y the full $400 fee for filing a civil action by 11/18/2016. No further extensions will be granted. If Plaintiff does not timely comply with this order, dismissal of this action may result. Signed by Magistrate Judge Nancy J. Koppe on 10/5/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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C/O NEWTON et al.,
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Defendants.
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___________________________________ )

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I.

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LIONELL JACKSON,

2:16-cv-01864-JAD-NJK
ORDER

DISCUSSION

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On August 11, 2016, this Court ordered Plaintiff to file a fully complete application to

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proceed in forma pauperis or pay the full $400 filing fee for a civil action within thirty (30) days

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from the date of that order. (ECF No. 3 at 2). Plaintiff filed a motion for an extension of time

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and the Court granted him an extension until October 14, 2016. (ECF No. 4, 5). On October

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4, 2016, Plaintiff filed a letter with the Court explaining that he just received a $1000 settlement

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in another case. (ECF No. 7 at 1). In the letter, Plaintiff seeks advice as to whether he should

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proceed in forma pauperis or pay the full filing fee. (Id.).

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The Court interprets this letter as a motion for an extension of time to either file an

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application to proceed in forma pauperis which incorporates Plaintiff’s settlement or to pay the

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full filing fee for this case. To the extent that Plaintiff seeks legal advice, the Court cannot

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advise him as to whether he should file another application to proceed in forma pauperis or

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pay the full filing fee for this action. However, if Plaintiff chooses to file an application to

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proceed in forma pauperis, he must provide an updated application which incorporates his

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$1000 settlement. If Plaintiff chooses to pay the full filing for this case, he must utilize the

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brass slip procedures set forth by the prison. The Court grants Plaintiff an extension of time

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to either file an updated application to proceed in forma pauperis or to pay the full $400 filing

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fee to Friday, November 18, 2016. No further extensions will be granted.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that the letter (ECF No. 7) is construed as

a motion for extension of time. The Court GRANTS the motion for an extension of time.

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IT IS FURTHER ORDERED that, on or before Friday, November 18, 2016, Plaintiff

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shall either: (1) file a fully complete application to proceed in forma pauperis on the correct

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form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay

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the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50

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administrative fee). No further extensions will be granted.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.

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DATED: This 5th day of October, 2016.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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