Wright v. Frayn et al

Filing 8

ORDER that Plaintiff's Application to Proceed In Forma Pauperis ECF No. 4 is DENIED without prejudice; Clerk directed to send Plaintiff a blank application to proceed in forma pauperis and "Information and Instructions for Filin g a Motion for Leave to Proceed In Forma Pauperis" (mailed to P on 08/24/2017); Plaintiff, by 09/22/2017, must either: (1) file a complete application to proceed in forma pauperis, on the correct form with complete financialattachm ents, or (2) pay the $400 filing fee; failure to timely comply with this order may result in a recommendation that this case be dismissed without prejudice. Signed by Magistrate Judge Carl W. Hoffman on 08/23/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRIAN WRIGHT,

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Plaintiff,
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vs.
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KIMBERLY FRAYN, et al.,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-01844-MMD-CWH
ORDER

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Presently before the court is Plaintiff Brian Wright’s application to proceed in forma
pauperis (ECF No. 4), filed on July 19, 2017.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an incarcerated plaintiff seeking to

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proceed in forma pauperis must complete an application to proceed in forma pauperis and attach

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(1) an inmate account statement for the past six months, and (2) a properly executed financial

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certificate. If the plaintiff has been incarcerated at the institution for fewer than six months, the

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certificate must show the account’s activity for the shortened period. LSR 1-2.

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Here, Plaintiff’s application to proceed in forma pauperis is incomplete. Specifically,

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question one, which requires information about current and former employment, is incomplete.

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Additionally, Plaintiff does not attach an inmate account statement. The court therefore will deny

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Plaintiff’s application to proceed in forma pauperis without prejudice. Plaintiff must properly

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complete his application to proceed in forma pauperis, or in the alternative, pay the full filing fee

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for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis, then

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Plaintiff must file a complete application including all of the documents referenced in this order.

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Plaintiff is advised that if he has been incarcerated at his current institution for fewer than six

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months, then he must submit an inmate account statement for the period he has been incarcerated.

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IT IS THEREFORE ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis
(ECF No. 4) is DENIED without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff a blank application

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to proceed in forma pauperis by an inmate as well as the document titled “Information and

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Instructions for Filing a Motion for Leave to Proceed In Forma Pauperis.”

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IT IS FURTHER ORDERED that by September 22, 2017, Plaintiff must either: (1) file a

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complete application to proceed in forma pauperis, on the correct form with complete financial

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attachments, or (2) pay the full $400 fee for filing a civil action, which includes the $350 filing fee

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and the $50 administrative fee.

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IT IS FURTHER ORDERED that failure to timely comply with this order may result in a
recommendation that this case be dismissed without prejudice.

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DATED: August 23, 2017

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

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