Canterbury v. Clark County Detention Center et al

Filing 8

ORDER denying 5 Motion/Application for Leave to Proceed in forma pauperis.; denying 6 Motion to Amend/Correct.; denying 7 Motion for font size. Within 30 days from date of this order, Plaintiff shall either file a full IFP or pay the full filing fee. Clerk shall retain but not file complaint. Signed by Magistrate Judge Nancy J. Koppe on 3/3/2017. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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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-00212-APG-NJK
ORDER

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I.

DISCUSSION

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On January 23, 2017, Plaintiff, a prisoner in the custody of the Nevada Southern
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Detention Center, submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No.
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1-1). Plaintiff did not file an application to proceed in forma pauperis. On January 30, 2017,
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this Court issued an order directing Plaintiff to file a fully complete application to proceed in
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forma pauperis or pay the $400 filing fee on or before March 1, 2017. (ECF No. 3 at 2). On
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February 17, 2017, Plaintiff filed a new application to proceed in forma pauperis, a motion to
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amend/correct application to proceed in forma pauperis, and a motion for font size. (ECF No.
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5, 6, 7). Plaintiff’s new application to proceed in forma pauperis is also incomplete.1

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In response to this Court’s January 30, 2017 order, Plaintiff submitted the first page
of this Court’s application to proceed in forma pauperis. (ECF No. 5). In his motion to amend
his application, Plaintiff asserts that the Court should attach this one-page submission to the
application to proceed in forma pauperis in Canterbury v. Clark County Detention Center, 2:17cv-00211-MMD-NJK. (ECF No. 6).
The Court DENIES the motion to amend. In case 2:17-cv-00211-MMD-NJK, Plaintiff
has submitted a complete application to proceed in forma pauperis. (ECF No. 7). It is
Plaintiff’s responsibility to submit an application to proceed in forma pauperis in each case in
which he seeks pauperis status. If Plaintiff wishes to proceed in forma pauperis in the abovecaptioned case, Plaintiff must file a complete application to proceed in forma pauperis in this
case. The Court will not piecemeal different applications together.

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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, a properly executed financial certificate, or an inmate account statement. (See

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ECF No. 5). As such, the in forma pauperis application is denied without prejudice. The Court

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

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payment of the filing fee is resolved. Plaintiff will be granted one final opportunity to cure the

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deficiencies of his 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 a new application to proceed in forma

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pauperis he must file a fully complete application to proceed in forma pauperis. If Plaintiff files

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another incomplete application to proceed in forma pauperis, the Court will dismiss the case

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in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the

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necessary documents to file a complete application to proceed in forma pauperis.

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Plaintiff has filed a motion to increase font size. (ECF No. 7 at 1). Plaintiff asks that

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the Court use size 15 font to correspond with him to help with his “vision handicap.” (Id.). The

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Court denies this motion without prejudice at this time. Plaintiff may re-file this motion if his

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case survives the screening process.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

forma pauperis (ECF No. 5) is DENIED without prejudice to file a new application.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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

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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’s next application to proceed in forma

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pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a

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new case when he is able to acquire the necessary documents to file a complete application

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to proceed in forma pauperis.

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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 Plaintiff’s motion to amend application to proceed in
forma pauperis (ECF No. 6) is DENIED.
IT IS FURTHER ORDERED that the motion for font size (ECF No. 7) is DENIED without
prejudice.
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 3rd day of March, 2017.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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