Downing v. Gentry et al

Filing 3

ORDER that within 30 days from date of this order, Plaintiff shall either file a IFP or pay the full $400 fee. Signed by Magistrate Judge Peggy A. Leen on 11/30/2016. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

11

)
)
Plaintiff,
)
)
v.
)
)
JO GENTRY et al.,
)
)
Defendants.
)
)
___________________________________ )

12

I.

6
7
8
9
10

CURTIS L. DOWNING,

2:16-cv-02632-RFB-PAL
ORDER

DISCUSSION

13

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

14

(“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1).

15

Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in

16

forma pauperis.

17

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

18

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

19

past six months and a properly executed financial certificate. The Court will retain Plaintiff’s

20

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

21

filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed

22

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

23

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

24

proceed in forma pauperis.

25

II.

CONCLUSION

26

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

27

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

28

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

1

IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

2

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

3

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

4

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

5

administrative fee).

6
7
8
9

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

10
11

DATED: This 30th day of November, 2016.

12
13

_________________________________
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2