Ramos-Rodriguez v. Beck et al

Filing 2

ORDER. IT IS ORDERED that the Clerk of Court shall RETAIN Plaintiff Juan Manuel Ramos Rodriguez's Complaint 1 -1. IT IS FURTHER ORDERED that the Clerk of the Court shall MAIL Plaintiff a blank form Application to Proceed in Forma Pauperis for incarcerated litigants with instructions. Plaintiff shall have until 4/5/17, to file the Application to Proceed in Forma Pauperis. See Order for further details. Signed by Magistrate Judge Peggy A. Leen on 3/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUAN MANUEL RAMOS RODRIGUEZ
A/K/A JULIO ESTRADA LOPEZ,
Plaintiff,

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ORDER

v.

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Case No. 2:17-cv-00498-APG-PAL

(Receipt of Initiating Docs. – ECF No. 1)

ALYN BECK, et al.,
Defendants.

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This matter is before the court on Plaintiff Juan Manuel Ramos Rodriguez’s Receipt of

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Initiating Documents (ECF No. 1). These documents are referred to the undersigned pursuant to

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28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice.

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Plaintiff is a pretrial detainee in the custody of the Clark County Detention Center. He

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proceeding in this action pro se, which means that he is not represented by an attorney. See LSR

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2-1. He submitted a Complaint (ECF No. 1-1) as part of his initiating documents, but did not pay

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the $400 filing fee or submit an application to proceed in forma pauperis (“IFP”). In order to

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proceed in this action without paying the standard filing fee, LSR 1-1 of the Local Rules of Practice

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and 28 U.S.C. § 1915 provide that a litigant must submit the court’s form IFP application.

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Additionally, LSR 1-2 and § 1915 specifically require three items be submitted to this court with

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a prisoner’s IFP application: (1) a financial certificate signed by an authorized officer of the

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institution in which he or she is incarcerated, (2) a copy of his or her inmate trust account statement

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for the six-month period prior to filing, and (3) a signed financial affidavit showing an inability to

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prepay fees and costs or give security for them.

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Accordingly,
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IT IS ORDERED:

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1. The Clerk of Court shall RETAIN Plaintiff Juan Manuel Ramos Rodriguez’s

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Complaint (ECF No. 1-1).
2. The Clerk of the Court shall MAIL Plaintiff a blank form Application to Proceed in
Forma Pauperis for incarcerated litigants with instructions.

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3. Plaintiff shall have until April 5, 2017, to file the Application to Proceed in Forma

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Pauperis, accompanied by a signed and executed financial certificate, a signed and

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executed financial affidavit, and a statement of his inmate trust account.

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4. Alternatively, Plaintiff shall pay the $400 filing fee, accompanied by a copy of this
Order, on or before April 5, 2017.
5. Plaintiff shall file a certificate of interested parties as required by LR 7.1-1 of the Local
Rules of Practice on or before April 5, 2017.

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6. Plaintiff’s failure to comply with this Order by (a) submitting an Application to Proceed

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In Forma Pauperis, or (b) paying the $400 filing fee before the April 5, 2017 deadline

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will result in a recommendation to the district judge that this case be dismissed.

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Dated this 6th day of March, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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