Bonds v. HDSP et al

Filing 3

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis.; Completed Application or Payment of filing fees due within 30 days from date of this order. Signed by Magistrate Judge Carl W. Hoffman on 2/7/2017. (Copies have been distributed pursuant to the NEF, cc: IFP Form to P - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) HDSP et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 ANTONIO BONDS, 2:17-cv-00302-JCM-CWH ORDER DISCUSSION 14 Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections, has 15 submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed an application to 16 proceed in forma pauperis. (ECF No. 1, 1-1). 17 Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to 28 U.S.C. 18 § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in 19 forma pauperis and attach both an inmate account statement for the past six months and a 20 properly executed financial certificate. Plaintiff has not submitted a properly executed financial 21 certificate or an inmate account statement. (See ECF No. 1). As such, the in forma pauperis 22 application is denied without prejudice. The Court will retain Plaintiff’s civil rights complaint 23 (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. 24 Plaintiff will be granted an opportunity to cure the deficiencies of his application to proceed in 25 forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses 26 to file a new application to proceed in forma pauperis he must file a fully complete application 27 to proceed in forma pauperis. 28 /// 1 2 3 II. CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF No. 1) is DENIED without prejudice to file a new application. 4 IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the 5 approved form application to proceed in forma pauperis by a prisoner, as well as the document 6 entitled information and instructions for filing an in forma pauperis application. 7 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 8 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the 9 correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or 10 (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 11 administrative fee). 12 13 14 15 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. 16 17 7th DATED: This _____ day of February, 2017. 18 19 _________________________________ United States Magistrate Judge 20 21 22 23 24 25 26 27 28 2

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