Anderson v. Valenzuela et al

Filing 3

ORDER. IT IS ORDERED that 1 Plaintiff's Application to Proceed In Forma Pauperis is HELD IN ABEYANCE. Plaintiff shall have until 9/1/2017 to withdraw his Application to Proceed In Forma Pauperis. If he does not, the court will order Plaintiff to pay the $350 filing fee and screen the complaint pursuant to 28 U.S.C. § 1915. Signed by Magistrate Judge Nancy J. Koppe on 8/2/17. (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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ARNOLD ANDERSON,
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Plaintiff(s),
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v.
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GILBERTO VALENZUELA, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-02070-APG-NJK
ORDER REGARDING APPLICATION
TO PROCEED IN FORMA PAUPERIS
(Docket No. 1)

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This matter is before the Court on Plaintiff’s Application to Proceed In Forma Pauperis. Docket

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No. 1. Plaintiff is a prisoner proceeding in this action pro se. Plaintiff has submitted the financial affidavit

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and inmate trust account statement required by 28 U.S.C. § 1915(a)(2). His request to proceed in forma

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pauperis would ordinarily be granted pursuant to 28 U.S.C. § 1915(a).

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Plaintiff alleges that four police officers improperly arrested him in connection with an attempted

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murder, and also that the charges against him are improper given another conviction for the same crime in

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juvenile court. Docket No. 1-1 at 3-7. Plaintiff appears to be in custody awaiting trial. Id. at 5 (“To date

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Arnold Anderson in custody”). Plaintiff seeks monetary damages, as well as injunctive relief in the form

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of the criminal charges against him being dismissed and his release from custody. See id. at 10. The United

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States Supreme Court has long made clear that absent extraordinary circumstances, federal courts must not

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interfere with pending state criminal prosecutions even when they raise issues of federal rights or interests.

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See, e.g., Younger v. Harris, 401 U.S. 37, 44 (1971).

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If the court grants Plaintiff’s Application to Proceed In Forma Pauperis, Plaintiff will be required,

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under 28 U.S.C. § 1915(b)(2), as amended by the Prison Litigation Reform Act of 1995, to pay the full

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$350 filing fee, even if his complaint is dismissed. As set forth above, the Court believes Plaintiff’s claims

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will not survive the pleading stage. Given these circumstances, the Court will allow Plaintiff thirty days

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to withdraw his Application to Proceed In Forma Pauperis. If Plaintiff does not, the Court will grant his

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Application to Proceed In Forma Pauperis, screen Plaintiff’s complaint, and order that he pay the $350

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filing fee in accordance with 28 U.S.C. § 1915.

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Based upon the foregoing, IT IS ORDERED that:

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1.

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Plaintiff’s Application to Proceed In Forma Pauperis (Docket No. 1) is HELD IN
ABEYANCE.

2.

Plaintiff shall have until September 1, 2017 to withdraw his Application to Proceed In

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Forma Pauperis. If he does not, the court will order Plaintiff to pay the $350 filing fee and

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screen the complaint pursuant to 28 U.S.C. § 1915.

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Dated: August 2, 2017
_____________________________________
Nancy J. Koppe
UNITED STATES MAGISTRATE JUDGE

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