Johnson v. Dept Veteran Affairs

Filing 5

ORDER that the Clerk of Court administratively close this case. Signed by Magistrate Judge Cam Ferenbach on 4/4/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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R. WAYNE JOHNSON,
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Plaintiff,
2:16-cv-02121-GMN-VCF
ORDER

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vs.
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DEPT OF VETERAN AFFAIRS,
Defendant.

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Before the Court is R. Wayne Johnson v. Dept. of Veteran Affairs, case no. 2:16-cv-02121-GMN12

VCF.
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On September 20, 2016, Johnson was ordered to file a complaint with an accompanying filing fee
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or an application to proceed in forma pauperis. (ECF No. 4).
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Under 28 U.S.C. § 1914(a), a filing fee is required to commence a civil action in federal court. The
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Court may authorize the commencement of an action without prepayment of fees and costs by a person
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who submits an affidavit showing the person is unable to pay a filing fee or provide security therefor. 28
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U.S.C. § 1915(a)(1). “Determination of …whether to allow a plaintiff to proceed in forma pauperis, is
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left to the discretion of the presiding judge, based on the information submitted by the plaintiff or
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plaintiffs.” Lasko v. Hampton & Hampton Collections, LLC, No. 2:15-CV-01110-APG, 2015 WL
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5009787, at *1 (D. Nev. Aug. 21, 2015).
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Here, Johnson has failed to take the steps necessary to commence this action. He has not paid the
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fee necessary to file a complaint or file an application to proceed in forma pauperis.
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This case cannot move forward. A complaint has not been lodged in this matter since no

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application for in forma pauperis was filed and the filing fee was not paid. There are no claims to dismiss.

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Accordingly,

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IT IS HEREBY ORDERED that the Clerk of Court administratively close this case.

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DATED this 4th day of April, 2018.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE