Williams v. Nevada Department of Corrections et al

Filing 5

ORDER that 4 Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice to file a new application. FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma p auperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. FURTHER ORDERED that, within thirty (30) days from the date of this order, Plaintiff shall either file a complete if p application or pay the full filing fee. FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1-1), but shall not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 8/3/17. (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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MICHAEL WILLIAMS,

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Plaintiff,
v.

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NEVADA DEPARTMENT OF
CORRECTIONS et al.,

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Defendant.
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2:17-cv-01987-JCM-NJK
ORDER

___________________________________
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I.

DISCUSSION

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On July 20, 2017, Plaintiff, a prisoner in the custody of the Clark County Detention
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Center (“CCDC”), submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and filed an
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application to proceed in forma pauperis. (ECF No. 1, 1-1). On July 26, 2017, this Court
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issued an order denying Plaintiff’s application to proceed in forma pauperis without prejudice
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to file a new application because Plaintiff’s application had been incomplete. (ECF No. 3).
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On August 1, 2017, Plaintiff filed a new application to proceed in forma pauperis. (ECF No.
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4). However, this application is also incomplete.
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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 form.1 (See ECF No. 4 at 4).

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As such, the in forma pauperis application is denied without prejudice. The Court will retain
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Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment
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of the filing fee is resolved.

Plaintiff will be granted one final opportunity to cure the

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An authorized jail official must complete the financial certificate.

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deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full

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filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma

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pauperis he must file a fully complete application to proceed in forma pauperis. If Plaintiff files

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another incomplete application to proceed in forma pauperis, the Court will dismiss the case

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in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the

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necessary documents to file a complete application to proceed in forma pauperis.

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II.

For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

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CONCLUSION

forma pauperis (ECF No. 4) is DENIED without prejudice to file a new application.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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

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

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IT IS FURTHER ORDERED that, within thirty (30) days from the date of this order,

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

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correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or

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(2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50

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administrative fee).

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IT IS FURTHER ORDERED that, if Plaintiff’s next application to proceed in forma

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pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a

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new case when he is able to acquire the necessary documents to file a complete application

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to proceed in forma pauperis.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,

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dismissal of this action may result.

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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 3rd day of August, 2017.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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