Weorner v. State of Nevada et al

Filing 3

ORDER that Plaintiff must either file an application to proceed in forma pauperis or pay the $350.00 filing fee, plus the $50.00 administrative fee, within 30 days from the date of this order. The Clerk shall mail Plaintiff an application to proceed in forma pauperis along with a copy of this order. Plaintiff's failure to timely comply with this order will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Carl W. Hoffman on 5/15/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK WEORNER,

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Plaintiff,
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v.
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STATE OF NEVADA, et al,
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Defendant.
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_______________________________________ )

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Case No. 2:17-cv-01356-JCM-CWH

ORDER

Presently before the Court is pro se Plaintiff Mark Weorner’s complaint against the State of
Nevada and Clark County Court (ECF No. 1), filed on May 11, 2017.

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Under 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action in

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district court. Additionally, based on the Judicial Conference Schedule of Fees, District Court

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Miscellaneous Fee Schedule, effective June 1, 2016, a $50.00 administrative fee applies for filing a

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civil action in district court, making the total filing fee $400.00. Under 28 U.S.C. § 1915(a)(1), the

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court may authorize the commencement of a civil case “without prepayment of fees and costs or

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security therefor” if a person submits an affidavit including a statement of all assets that

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demonstrates the person is unable to pay the fees or give security for them.
Plaintiff has not included either the required filing fee or an application to proceed in forma

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pauperis as required by 28 U.S.C. § 1915(a)(1). Plaintiff’s claim cannot proceed until either the

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filing fee has been paid or a valid in forma pauperis application has been submitted to the Court.

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IT IS THEREFORE ORDERED that Plaintiff must either file an application to proceed in

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forma pauperis or pay the $350.00 filing fee, plus the $50.00 administrative fee, within 30 days from

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the date of this order.

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IT IS FURTHER ORDERED that the Clerk shall mail Plaintiff an application to proceed in
forma pauperis along with a copy of this order.
IT IS FURTHER ORDERED that Plaintiff’s failure to timely comply with this order will
result in a recommendation that this case be dismissed.
DATED: May 15, 2017.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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