Kurtze v. Lombardo et al

Filing 3

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 pauperis applicati on. IT IS FURTHER ORDERED that, no later than 10/19/17, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments. IT IS FURTHER ORDERED that the Clerk of the Court shall retain 1 -1 the complaint, but shall not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 9/19/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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)
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Plaintiff,
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v.
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JOSEPH LOMBARDO et al.,
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Defendants.
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___________________________________ )

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I.

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GIOVANNI KURTZE,

2:17-cv-02428-JAD-NJK
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Clark County Detention Center

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(“CCDC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1).

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Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in

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forma pauperis.

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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. The Court will retain Plaintiff’s

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civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the

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filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed

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in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses

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to file an 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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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, no later than October 19, 2017, Plaintiff shall either:

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(1) file a fully 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

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$400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative

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fee).

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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.
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.
DATED: This 19th day of September 2017.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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