Kurtze v. Johnson et al

Filing 3

ORDER. IT IS ORDERED that the Clerk of the Court must send Plaintiff the approved form application to proceed in forma pauperis by a prisoner. IT IS FURTHER ORDERED that the Clerk of the Court must retain 1 -1 the complaint, but must not file it at this time. See Order for details/deadlines. Signed by Magistrate Judge Carl W. Hoffman on 9/12/17. (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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GIOVANNI K. KURTZE,

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Plaintiff,
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vs.
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ERIC JOHNSON, et al.,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-02375-RFB-CWH
ORDER

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Pro se Plaintiff Giovanni Kurtz, who is presently a prisoner in the custody of the Clark

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County Detention Center, submitted a civil rights complaint under 42 U.S.C. § 1983 on September

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8, 2017. (ECF No. 1). Plaintiff did not pay the full filing fee for this case or file an application to

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proceed in forma pauperis.

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Under 28 U.S.C. § 1915(a) and Local Rules (“LSR”) 1-1 and 1-2, an incarcerated plaintiff

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seeking to proceed in a case without first paying the filing fee must complete an application to

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proceed in forma pauperis and attach both an inmate account statement for the past six mon+0ths

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and a properly executed financial certificate. The court will retain Plaintiff’s complaint (ECF No.

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

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granted an opportunity to file an application to proceed in forma pauperis, or in the alternative, to

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pay the full filing fee for this action.

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IT IS THEREFORE ORDERED that the Clerk of the Court must send Plaintiff the
approved form application to proceed in forma pauperis by a prisoner.
IT IS FURTHER ORDERED that within thirty days from the date of this order, Plaintiff

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must either: (1) file a 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 $400 fee

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for a civil action (which includes the $350 filing fee and the $50 administrative fee). Plaintiff is

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advised that failure to comply with this order may result in a recommendation that his case be

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dismissed.

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IT IS FURTHER ORDERED that the Clerk of the Court must retain the complaint (ECF
No. 1), but must not file it at this time.

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DATED: September 12, 2017
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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