Garcia v. State of Nevada et al

Filing 3

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that within 30 days of this order, Plaintiff shall either file an IFP or pay the full filing fee. The Clerk shall retain but not file complaint. Signed by Magistrate Judge George Foley, Jr on 3/1/2017. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 OSVALDO GARCIA, 2:17-cv-00582-JAD-GWF 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. 21 statement. (See ECF No. 1). As such, the in forma pauperis application is denied without 22 prejudice. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file 23 it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an 24 opportunity to cure the deficiencies of his application to proceed in forma pauperis, or in the 25 alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new application to 26 proceed in forma pauperis he must file a fully complete application to proceed in forma 27 pauperis. 28 /// Plaintiff has not submitted an inmate account 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 DATED: This 1st day of March, 2017. 18 19 _________________________________ United States Magistrate Judge 20 21 22 23 24 25 26 27 28 2

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