Porretti v. Dzurenda et al

Filing 9

ORDER. IT IS ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperi s application. IT IS FURTHER ORDERED that on or before Friday, 10/27/2017, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in complian ce with 28 U.S.C. § 1915(a); or (2) file an affidavit detailing the efforts he took to acquire a financial certificate and an inmate account statement from prison officials. See Order for details. Signed by Magistrate Judge Carl W. Hoffman on 9/19/17. (Copies have been distributed pursuant to the NEF - MR)

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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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DZURENDA et al.,
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Defendants.
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___________________________________ )

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I.

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WAYNE A. PORRETTI,

2:17-cv-01745-RFB-CWH
ORDER

DISCUSSION

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

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submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed incomplete

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applications to proceed in forma pauperis. (ECF No. 1-1, 3, 6).

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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 a

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properly executed financial certificate on this Court’s approved form1 or an inmate account

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statement. (See ECF No. 3, 6). The Court will retain Plaintiff’s civil rights complaint (ECF No.

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1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will

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be granted an 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.

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The financial certificate is located on page 4 of this Court’s application to proceed in
forma pauperis. Plaintiff incorrectly continues to submit a state court form. (See ECF No. 3
at 4; ECF No. 6).

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It is unclear to the Court whether Plaintiff is having difficulty obtaining a financial

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certificate and an inmate account statement from prison officials. (See ECF No. 8-1). If,

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Plaintiff is having difficulty and continues to have difficulty obtaining a financial certificate and

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an inmate account statement from prison officials, Plaintiff shall file an affidavit in this case

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detailing when he requested the documents, who he spoke to about the status of the

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documents, who he followed up with after he did not receive the documents, and their

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responses. In other words, if Plaintiff is unable to acquire the necessary documents from

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prison officials, he must provide the Court with an affidavit that demonstrates that he has done

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all that he could to acquire the documents by the Court’s deadline. Plaintiff’s affidavit should

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include dates of his requests, dates of his follow-up requests, names of the prison officials that

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he spoke to about the matter, and their responses. 2

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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 on or before Friday, October 27, 2017, Plaintiff shall

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

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with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) file an

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affidavit detailing the efforts he took to acquire a financial certificate and an inmate account

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statement from prison officials. If Plaintiff chooses to file an affidavit, his affidavit must

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describe the actions he took to acquire the documents through Friday, October 20, 2017.

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Plaintiff shall not file an affidavit before that date. Additionally, Plaintiff must submit an

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application to proceed in forma pauperis to this Court even if he is unable to acquire the

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necessary attachments from prison officials.

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Plaintiff must still submit an application to proceed in forma pauperis with his affidavit.
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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.

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DATED: September 19, 2017

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_________________________________
United States Magistrate Judge

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