Holdip v. Laxalt et al

Filing 3

ORDER directing Clerk to send Plaintiff IFP application form (mailed 11/22/2017); giving Plaintiff 30 days to file complete IFP application or pay full $400 filing fee. Signed by Magistrate Judge Carl W. Hoffman on 11/20/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TOMAY LAWRENCE HOLDIP,

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Plaintiff,
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vs.
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ADAM LAXALT, et al.,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-02696-APG-CWH
ORDER

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Presently before the Court is pro se Plaintiff Tomay Lawrence Holdip’s complaint (ECF

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No. 1), filed on October 4, 2017. Plaintiff did not pay the full filing fee for this case or file an

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application to proceed in forma pauperis.

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Under 28 U.S.C. § 1915(a)(1) and Local Rule (“LSR”) 1-1, a plaintiff seeking to proceed in

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

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pauperis. Since Plaintiff has not paid the filing fee or filed an application to proceed in forma

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pauperis, this case may not proceed at this time. The Court will retain Plaintiff’s complaint (ECF

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No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff

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

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alternative, to 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.
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, or (2) pay the full $400

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fee 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 this case be

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dismissed.

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DATED: November 20, 2017
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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