Canterbury v. Clark County Detention Center et al

Filing 5

ORDER directing Clerk to send Plaintiff IFP form and instructions (mailed 1/30/2017); giving Plaintiff until 3/1/2017 to either file a fully complete IFP application or pay the $400 filing fee; directing Clerk to retain complaint but not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 1/30/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD LEE CANTERBURY,

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Plaintiff,
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v.
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CLARK COUNTY DETENTION CENTER et )
al.,
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Defendants.
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___________________________________

2:17-cv-00211-MMD-NJK
ORDER

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I.

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Southern Detention Center
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(“NSDC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1).
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Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in
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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 on this Court’s approved form and attach both an
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inmate account statement for the past six months and a properly executed financial
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certificate.1 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file

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it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an
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opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full
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filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis
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he must file a fully complete application to proceed in forma pauperis.
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The Court acknowledges that Plaintiff has filed an affidavit accompanying motion for
permission to appeal in forma pauperis from another jurisdiction and an inmate account
summary. (ECF No. 1-3). However, Plaintiff needs to submit an application to proceed in
forma pauperis on this Court’s approved form.

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II.

CONCLUSION

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

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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, no later than March 1, 2017, Plaintiff shall either: (1)

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file a fully complete application to proceed in forma pauperis, on the correct form with

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complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full

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$400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative

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

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DATED: This 30th day of January, 2017.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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