Constantino et al v. Kent et al

Filing 3

ORDER that 1 Petitioners' Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice. Petitioners shall have until January 22, 2018 to pay the $400 filing fee or to each submit a completed application. The Clerk of Court shall retain Petitioners' petition for writ of mandamus. Signed by Magistrate Judge Nancy J. Koppe on 12/21/2017. (Copies have been distributed pursuant to the NEF: blank ifp forms sent - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MERCY S. CONSTANTINO, et al.

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Pursuant to 28 U.S.C. § 1915 Petitioners are proceeding in this action pro se and have

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requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. Docket No. 1.

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Petitioners also submitted a petition for a writ of mandamus. Docket No. 1-1.

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Petitioner(s),
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v.
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JEANNE M. KENT, et al.,
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Respondent(s).

Case No. 2:17-cv-01331-JCM-NJK
ORDER

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Petitioners have submitted the affidavit required by § 1915(a). Docket No. 1. However,

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Petitioners are required to each submit an application and cannot submit one application on behalf

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of both of them. 28 U.S.C. § 1915. Therefore, the Court DENIES without prejudice Petitioners’

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application for leave to proceed in forma pauperis. Docket No. 1. The Clerk of Court shall retain

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the petition.

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Accordingly,

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IT IS ORDERED:

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1.

Petitioners’ Application to Proceed In Forma Pauperis is DENIED without

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prejudice. The Clerk of Court shall mail Petitioners two blank applications, and

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Petitioners shall have until January 22, 2018 to pay the $400 filing fee or to each

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submit a completed application. Failure to comply with this order will result in a

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recommendation to the district judge for dismissal.

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2.

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IT IS SO ORDERED.

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The Clerk of Court shall retain Petitioners’ petition for writ of mandamus.

Dated: December 21, 2017

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NANCY J. KOPPE
United States Magistrate Judge

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