Aubert v. Williams Sr

Filing 3

ORDER that plaintiff has until 3/7/2018 to submit a complaint and to file a fully complete IFP or pay the full filing fee. Signed by Judge Jennifer A. Dorsey on 2/5/2018. (Copies have been distributed pursuant to the NEF, cc: 1983, 1 and IFP to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Thad Aubert,

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Plaintiff

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Order

v.

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2:16-cv-02982-JAD-PAL

Brian Williams, Sr.,

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Defendant

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Pro se petitioner Thad Aubert is almost finished serving his ten-year, habitual-criminal

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sentence at the High Desert State Prison.1 Aubert mailed a letter to the court, asking for

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clarification of some conflicting advice he received from fellow inmates.2 But he did not file a

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complaint or an application to proceed in forma pauperis. Under Federal Rule of Civil

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Procedure, “[a] civil action is commenced by filing a complaint with the court.”3

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And, unless the party filing an action applies for and receives pauper status, he must also

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pay the $400 filing fee. I give Aubert 30 days from the date of this order to submit a complaint

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to this court to properly begin his civil action. Under 28 U.S.C. § 1915(a)(2) and Local Rule

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LSR 1-2, Aubert must complete an application to proceed in forma pauperis and attach both an

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inmate account statement for the past six months and a properly executed financial certificate.

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He is therefore granted an opportunity to file a fully completed pauper application or pay the full

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$400 filing fee.

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Accordingly, IT IS HEREBY ORDERED that Aubert has until March 7, 2018, to: (1)
submit a complaint to this court; AND (2) file a fully complete application to proceed in

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NEV. DEP’T OF CORR. (Feb. 5, 2018) http://doc.nv.gov/Inmates/Home/ (inmate search by name
Thad Aubert or by offender ID 70566).

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ECF No. 1.

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FED. R. CIV. P. 3.

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forma pauperis with the necessary financial attachments or pay the full $400 filing fee.
The Clerk of Court is directed to SEND to Aubert the approved form application to

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proceed in forma pauperis by a prisoner, as well as instructions for completing it. The Clerk

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of Court is also directed to SEND to Aubert the approved form for filing a 42 U.S.C. § 1983

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complaint and instructions for filling it out. The Clerk of Court is also directed to send Aubert

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a copy of his letter (ECF No. 1).

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IT IS FURTHER ORDERED that if Aubert does not timely comply with or otherwise
respond to this order, this case will be DISMISSED without further prior notice.
DATED: February 5, 2018.

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_______________________________
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U.S. District Judge Jennifer A. Dorsey
. District Judge Jennifer
i c dg
dg
nn r

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