Toliver v. Carlman, et al

Filing 5

ORDER that 4 Application for Leave to Proceed in forma pauperis is DENIED without prejudice to file a new application. The Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as we ll as the document entitled information and instructions for filing an in forma pauperis application. FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either file a fully completed ifp application or pay the filing fee. FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1-1), but shall not file it at this time. Signed by Magistrate Judge Cam Ferenbach on 3/23/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) TIMOTHY CARLMAN et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 GEORGE A. TOLIVER, 2:17-cv-00679-JCM-VCF ORDER DISCUSSION 14 On March 9, 2017, this Court issued an order denying Plaintiff’s application to proceed 15 in forma pauperis, without prejudice, because Plaintiff’s application had been incomplete. 16 (ECF No. 3 at 1). Specifically, Plaintiff had not submitted a properly executed financial 17 certificate. (Id.) In that order, the Court noted that Plaintiff was an experienced litigator in this 18 Court and knew how to file a fully complete application to proceed in forma pauperis. (Id.) 19 The Court stated that, if Plaintiff’s next application to proceed in forma pauperis was 20 incomplete, the Court would dismiss the case, without prejudice, for Plaintiff to file a new case 21 when he was able to acquire the necessary documents to file a complete application to 22 proceed in forma pauperis. (Id. at 1-2). 23 On March 20, 2017, Plaintiff filed a new application to proceed in forma pauperis. (ECF 24 No. 4). This application is also incomplete. Although Plaintiff did submit a financial certificate 25 with his new application, he did not submit a financial certificate on this Court’s approved form. 26 (See ECF No. 4 at 4). In light of Plaintiff’s attempt to comply with this Court’s prior order, the 27 Court will grant Plaintiff one final opportunity to file a fully complete application to proceed in 28 forma pauperis. Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an 1 application to proceed in forma pauperis and attach both an inmate account statement for the 2 past six months and a properly executed financial certificate. Plaintiff has not submitted a 3 properly executed financial certificate on this Court’s approved form.1 (See ECF No. 4 at 4). 4 As such, the in forma pauperis application is denied without prejudice. The Court will retain 5 Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment 6 of the filing fee is resolved. 7 deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full 8 filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma 9 pauperis he must file a fully complete application to proceed in forma pauperis. If Plaintiff files 10 another incomplete application to proceed in forma pauperis, the Court will dismiss the case 11 in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the 12 necessary documents to file a complete application to proceed in forma pauperis. 13 II. 14 15 Plaintiff will be granted one final opportunity to cure the CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF No. 4) is DENIED without prejudice to file a new application. 16 IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the 17 approved form application to proceed in forma pauperis by a prisoner, as well as the document 18 entitled information and instructions for filing an in forma pauperis application. 19 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 20 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the 21 correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or 22 (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 23 administrative fee). 24 IT IS FURTHER ORDERED that, if Plaintiff’s next application to proceed in forma 25 pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a 26 new case when he is able to acquire the necessary documents to file a complete application 27 28 1 This Court’s approved financial certificate is on page 4 of this Court’s application to proceed in forma pauperis. 2 1 2 3 4 5 to proceed in forma pauperis. 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. 6 7 23rd DATED: This _____ day of March, 2017. 8 9 _________________________________ United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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