Thuna v. Clark County Clerk of Courts

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. See Order for details/deadlines. Signed by Magistrate Judge Carl W. Hoffman on 9/26/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 BARREN MAR THUNA, ) ) Plaintiff, ) ) vs. ) ) CLARK COUNTY CLERK OF COURTS, ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-02475-APG-CWH ORDER 12 13 Pro se Plaintiff Barren Mar Thuna, who is presently a prisoner in the custody of the Clark 14 County Detention Center, submitted a notice of intention to file a civil rights complaint under 42 15 U.S.C. § 1983 on September 22, 2017. (ECF No. 1-1). Plaintiff did not pay the full filing fee for 16 this case or file an application to proceed in forma pauperis. 17 Under 28 U.S.C. § 1915(a) and Local Rules (“LSR”) 1-1 and 1-2, an incarcerated plaintiff 18 seeking to proceed in a case without first paying the filing fee must complete an application to 19 proceed in forma pauperis and attach both an inmate account statement for the past six months and 20 a properly executed financial certificate. The court will retain Plaintiff’s notice of intent to file a 21 civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing 22 fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed in forma 23 pauperis, or in the alternative, to pay the full filing fee for this action. 24 25 26 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 27 must either: (1) file a complete application to proceed in forma pauperis, on the correct form with 28 complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee 1 for a civil action (which includes the $350 filing fee and the $50 administrative fee). Plaintiff is 2 advised that failure to comply with this order may result in a recommendation that this case be 3 dismissed. 4 DATED: September 26, 2017 5 6 7 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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