Lee v. To be named

Filing 8

ORDER that on or before 11/4/2016, Plaintiff shall either file a full IFP or an affidavit detailing efforts to acquire financial certificate. Signed by Magistrate Judge Peggy A. Leen on 10/12/16. (Copies have been distributed pursuant to the NEF and pursuant to Order - JM)

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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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TO BE NAMED,
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Defendant.
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___________________________________ )

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I.

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BRANDON CHE LEE,

2:16-cv-01986-RFB-PAL
ORDER

DISCUSSION

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On August 22, 2016, Plaintiff, a prisoner in the custody of the U.S. Bureau of Prisons

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(“BOP”), submitted a civil rights complaint pursuant to Bivens. (ECF No. 1-1). Plaintiff did not

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file an application to proceed in forma pauperis. (See ECF No. 1). On September 1, 2016,

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this Court issued an order directing Plaintiff, within thirty (30) days of that order, to: (1) file a

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fully complete application to proceed in forma pauperis, on the correct form with complete

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financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for

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filing a civil action (which included the $350 filing fee and the $50 administrative fee). (ECF

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No. 4 at 2). On September 20, 2016, Plaintiff stated that he was having difficulties obtaining

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a copy of his prison trust account. (ECF No. 7-1 at 1). Plaintiff is currently incarcerated at the

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U.S. Penitentiary in Atlanta, Georgia. (Id.).

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Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an

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application to proceed in forma pauperis and attach both an inmate account statement for the

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past six months and a properly executed financial certificate. Plaintiff has not submitted an

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application, a properly executed financial certificate, or an inmate account statement to this

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Court. Plaintiff will be granted an extension of time to file of his application to proceed in forma

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pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file

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an application to proceed in forma pauperis, he must file a fully complete application to

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proceed in forma pauperis.

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If, however, Plaintiff continues to have difficulty obtaining a financial certificate and an

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inmate account statement from prison officials, Plaintiff shall file an affidavit in this case

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detailing when he requested the documents, who he spoke to about the status of the

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documents, who he followed up with after he did not receive the documents, and their

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responses. In other words, if Plaintiff is unable to acquire the necessary documents from

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prison officials, he must provide the Court with an affidavit that demonstrates that he has done

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all that he could to acquire the documents by the Court’s deadline. Plaintiff’s affidavit should

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include dates of his requests, dates of his follow-up requests, names of the prison officials that

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he spoke to about the matter, and their responses. If Plaintiff’s affidavit demonstrates that he

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has done all that was possible to acquire the documents, the Court will consider his application

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to proceed in forma pauperis complete.1

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND

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Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as

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

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IT IS FURTHER ORDERED that on or before Friday, November 4, 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) file

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an affidavit detailing the efforts he took to acquire a financial certificate and an inmate account

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statement from prison officials. If Plaintiff chooses to file an affidavit, his affidavit must

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describe the actions he took to acquire the documents through Friday, October 28, 2016.

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Plaintiff shall not file an affidavit before that date. Additionally, Plaintiff must submit an

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application to proceed in forma pauperis to this Court even if he is unable to acquire the

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necessary attachments from prison officials.

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Plaintiff must still submit an application to proceed in forma pauperis with his affidavit.
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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 12 day of October, 2016.

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_________________________________
United States Magistrate Judge

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