Saterstad v. Drug Enforcement Administration

Filing 7

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis. Payment of filing fees or IFP due 10/7/2017. Signed by Magistrate Judge Carl W. Hoffman on 9/7/2017. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 RICHARD LEE SATERSTAD, 10 Plaintiff, 11 vs. 12 13 DRUG ENFORCEMENT ADMINISTRATION, et al. 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) 2:16-cv-01947-APG-CWH ORDER 15 Pro se Plaintiff Richard Lee Saterstad, who is presently incarcerated, submitted initiating 16 documents to the Court on August 15, 2016, which include a motion to proceed in forma pauperis, 17 and a complaint against the United States of America, and other defendants. (ECF Nos. 1, 1-1.) 18 Plaintiff’s application to proceed in forma pauperis is incomplete. Under 28 U.S.C. 19 § 1915(a)(2) and Local Rule LSR 1-2, before a court may grant in forma pauperis status to an 20 incarcerated plaintiff, the plaintiff must complete an application to proceed in forma pauperis and 21 also submit a certificate from the institution at which he is incarcerated certifying the amount of 22 funds currently held in the applicant’s trust account, and the net deposits in the applicant’s account 23 for the six months prior to the applicant’s submission of the application. Plaintiff has not submitted 24 a completed application to proceed in forma pauperis or a certificate. The Court therefore will deny 25 Plaintiff’s application to proceed in forma pauperis without prejudice. Plaintiff must cure the 26 deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full filing 1 fee for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis, then 2 Plaintiff must file a complete application including all of the documents referenced in this order. 3 4 5 6 7 IT IS THEREFORE ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 1) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff a blank application to proceed in forma pauperis by a prisoner, along with a copy of this order. IT IS FURTHER ORDERED that within 30 days of the date of this Order, Plaintiff must 8 either: (1) file a complete application to proceed in forma pauperis, on the correct form with 9 complete financial attachments, or (2) pay the full $400 fee for filing a civil action, which includes 10 11 12 the $350 filing fee and the $50 administrative fee. IT IS FURTHER ORDERED that failure to timely comply with this order may result in a recommendation that this case be dismissed. 13 14 Dated: September 7, 2017 15 16 17 _________________________________________ C.W. Hoffman, Jr. UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 2

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