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)

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