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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) LVMPD et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 WILL SITTON, 2:17-cv-00111-JCM-VCF ORDER DISCUSSION 14 Plaintiff, who is an inmate in the custody of the Clark County Detention Center 15 (“CCDC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed 16 a financial certificate, an inmate account statement, and several other motions. (ECF No. 1, 17 1-1, 2, 3, 4, 5, 6). Plaintiff has not filed an application to proceed in forma pauperis. 18 Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an 19 application to proceed in forma pauperis and attach both an inmate account statement for the 20 past six months and a properly executed financial certificate. Plaintiff has not submitted an 21 application to proceed in forma pauperis. (See ECF No. 1-1). The Court will retain Plaintiff’s 22 civil rights complaint (ECF No. 1), but will not file it until the matter of the payment of the filing 23 fee is resolved. Plaintiff will be granted an opportunity to cure the deficiencies of his 24 application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this 25 action. If Plaintiff chooses to file an application to proceed in forma pauperis, he must file a 26 fully complete application to proceed in forma pauperis. 27 II. 28 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 1 the document entitled information and instructions for filing an in forma pauperis application. 2 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 3 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the 4 correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or 5 (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 6 administrative fee). 7 8 9 10 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. 11 12 20th DATED: This _____ day of January, 2017. 13 14 _________________________________ United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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