Rexroad v. Nevin et al

Filing 3

ORDER that 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 Nancy J. Koppe on 6/13/2017. (Copies have been distributed pursuant to the NEF - prisoner 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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D. NEVIN et al.,
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Defendants.
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___________________________________ )

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I.

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JOSHUA REXROAD,

2:17-cv-01629-JCM-NJK
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1).

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Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in

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forma pauperis.

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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 certificate1. The Court will retain Plaintiff’s

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civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the

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filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed

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

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

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proceed in forma pauperis.

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The Court acknowledges that Plaintiff has submitted page 4 of the application to
proceed in forma pauperis, i.e. the financial certificate. (ECF No. 1-2 at 1). However, Plaintiff
has not submitted an application to proceed in forma pauperis or an inmate account
statement.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND

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Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as

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the document entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that, no later than July 13, 2017, Plaintiff shall either: (1)

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file a fully complete application to proceed in forma pauperis, on the correct form with

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complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full

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$400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative

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fee).

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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.

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DATED: This 13th day of June, 2017.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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