Sitton v. LVMPD et al

Filing 7

ORDER 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 document entitled information and instructions for filing an in forma pauperis application. FURTHER ORD ERED that within thirty (30) days from the date of this order, Plaintiff shall either: file a fully complete ifp or pay the filing fee. FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result. FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1), but shall not file it at this time. Signed by Magistrate Judge Cam Ferenbach on 1/20/17. (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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Plaintiff,
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v.
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LVMPD et al.,
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Defendants.
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___________________________________ )

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I.

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WILL SITTON,

2:17-cv-00111-JCM-VCF
ORDER

DISCUSSION

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Plaintiff, who is an inmate in the custody of the Clark County Detention Center

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(“CCDC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed

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a financial certificate, an inmate account statement, and several other motions. (ECF No. 1,

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1-1, 2, 3, 4, 5, 6). Plaintiff has not filed an application to proceed in forma pauperis.

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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 to proceed in forma pauperis. (See ECF No. 1-1). The Court will retain Plaintiff’s

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

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fee is resolved. Plaintiff will be granted an opportunity to cure the deficiencies of his

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application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this

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action. If Plaintiff chooses to file an application to proceed in forma pauperis, he must file a

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fully complete application to proceed in forma pauperis.

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II.

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CONCLUSION
For the foregoing reasons, IT IS 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

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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 within thirty (30) 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), but shall not file it at this time.

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20th
DATED: This _____ day of January, 2017.

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_________________________________
United States Magistrate Judge

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