Newton v. State of Nevada et al

Filing 3

ORDER. IT IS ORDERED that Plaintiff's motion to use completedfinancial certificate 1 is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the documententitled information and instructions for filing an in forma pauperis application. IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint [ 1]-2 but shall not file it at this time. See Order for further details. Signed by Magistrate Judge George Foley, Jr on 8/31/2016. (Copies have been distributed pursuant to the NEF - DL)

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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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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

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I.

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CHARLES NEWTON,

2:16-cv-01995-JCM-GWF
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections, has

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submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed a motion to use

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a completed financial certificate from another case. (ECF No. 1, 1-2). The Court denies

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Plaintiff’s motion to use a financial certificate from another case. (ECF No. 1).

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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 a

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completed application to proceed in forma pauperis, a properly executed financial certificate,

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or an inmate account statement. (See ECF No. 1). Plaintiff must submit a completed

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application to proceed in forma pauperis for each of his cases.1 The Court will retain Plaintiff’s

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civil rights complaint (ECF No. 1-2), but will not file it until the matter of the payment of the

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filing fee is resolved.

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The Court acknowledges that, in Plaintiff’s other cases, Plaintiff has been claiming
that the NDOC has not or will not provide him with a financial certificate or an inmate account
statement. However, the Court notes that in many of those cases, Plaintiff has now filed a
completed financial certificate and inmate account statement. To ensure Plaintiff sufficient
time to acquire the necessary documents from the NDOC, the Court will grant Plaintiff fortyfive (45) days to file a completed application to proceed in forma pauperis.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion to use completed

financial certificate (ECF No. 1) is DENIED.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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

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

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IT IS FURTHER ORDERED that within forty-five (45) days from the date of this order,

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

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

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

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administrative fee).

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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. 1-2), but shall not file it at this time.

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DATED: This 31st day of August, 2016.

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_________________________________
United States Magistrate Judge

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