Guardado v. State of Nevada Ex Rel et al

Filing 8

ORDER that Plaintiff's 6 Motion/Application for Leave to Proceed in forma pauperis is Denied without prejudice to file a new application. Plaintiff's 7 Motion to Withdraw Motion is Granted. The 5 Motion for Extension of Time is Denied as moot. Within 30 days from the date of this order Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis or (2) pay the full $400 fee for filing a civil action. The Clerk of the Court shall retain the 1 -1 complaint but not file it at this time. Signed by Magistrate Judge Peggy A. Leen on 4/26/2017. (Copies have been distributed pursuant to the NEF - IFP instructions/form mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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STATE OF NEVADA EX REL et al.,
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Defendant.
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___________________________________ )

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I.

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ERNEST JORD GUARDADO,

2:17-cv-00879-JCM-PAL
ORDER

DISCUSSION

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On March 27, 2017, Plaintiff, a prisoner in the custody of the Nevada Department of

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Corrections (“NDOC”), submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and filed

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an application to proceed in forma pauperis. (ECF No. 1, 1-1). On April 4, 2017, this Court

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issued an order denying Plaintiff’s application to proceed in forma pauperis without prejudice

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to file a new application because Plaintiff’s application had been incomplete. (ECF No. 4).

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On April 13, 2017, Plaintiff filed a new application to proceed in forma pauperis. (ECF No. 6).

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However, this application is also incomplete.1

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Pursuant to 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

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past six months and a properly executed financial certificate. Plaintiff has not submitted an

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inmate account statement. (See ECF No. 6). As such, the in forma pauperis application is

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denied without prejudice. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1),

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but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be

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Plaintiff filed a motion for extension of time to file his application to proceed in forma
pauperis (ECF No. 5) and then filed a motion to withdraw that motion (ECF No. 7). The motion
to withdraw is granted and the motion for extension of time is denied as moot.

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granted one final opportunity to cure the deficiencies of his application to proceed in forma

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pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file

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a new application to proceed in forma pauperis he must file a fully complete application to

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proceed in forma pauperis. If Plaintiff files another incomplete application to proceed in forma

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pauperis, the Court will dismiss the case in its entirety, without prejudice, to file a new case

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when Plaintiff is able to acquire the necessary documents to file a complete application to

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proceed in forma pauperis.

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II.

For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

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CONCLUSION

forma pauperis (ECF No. 6) is DENIED without prejudice to file a new application.

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IT IS FURTHER ORDERED that the motion to withdraw motion (ECF No. 7) is granted.

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IT IS FURTHER ORDERED that the motion for extension of time (ECF No. 5) is denied

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as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL 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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entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

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Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the

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correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or

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(2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50

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administrative fee).

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IT IS FURTHER ORDERED that, if Plaintiff’s next application to proceed in forma

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pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a

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new case when he is able to acquire the necessary documents to file a complete application

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to proceed in forma pauperis.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,

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dismissal of this action may result.

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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.

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DATED: This 26th day of April, 2017.

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_________________________________
United States Magistrate Judge

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