Cook v. Albertsons

Filing 3

ORDER that within 30 days from the date of this order, Plaintiff must either file a complete application for IFP or pay the full filing fee. Complaint is to be retained. Signed by Magistrate Judge Carl W. Hoffman on 2/6/2017. (Copies have been distributed pursuant to the NEF, cc: IFP form w/Instructions to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAWVAN COOK,

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Plaintiff,
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vs.
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ALBERTSON’S,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-00322-GMN-CWH
ORDER

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Plaintiff Jawvan Cook, who is an inmate in the custody of Three Lakes Valley Conservation

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Camp, submitted a civil complaint against Defendant Albertson’s on January 27, 2017. (ECF No.

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1-1). Plaintiff did not pay the full filing fee for this case or file an application to proceed in forma

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pauperis.

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Under 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 past

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six months and a properly executed financial certificate. The court will retain Plaintiff’s complaint

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(ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved.

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Plaintiff will be granted an opportunity to file an application to proceed in forma pauperis, or in the

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alternative, to pay the full filing fee for this action.

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IT IS THEREFORE ORDERED that the Clerk of the Court must 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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titled “Information for Filing an Application to Proceed In Forma Pauperis by an Inmate Under 28

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U.S.C. § 1915.”

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IT IS FURTHER ORDERED that within thirty days from the date of this order, Plaintiff
must either: (1) file a 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 $400 fee

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for a civil action (which includes the $350 filing fee and the $50 administrative fee). Plaintiff is

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advised that failure to comply with this order will result in a recommendation that his case be

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dismissed.

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IT IS FURTHER ORDERED that the Clerk of the Court must retain the complaint (ECF
No. 1-1), but must not file it at this time.

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DATED: February 6, 2017
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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