Parker v. Lombardo et al

Filing 5

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER granting 3 Motion to Amend/Correct; Payment of filing fees or IFP due 30 days from date of this order. The Court will not file and screen the amended complaint until the matter of the filing fee is resolved. Signed by Magistrate Judge Nancy J. Koppe on 8/28/2018. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM) Modified on 8/29/2018 (JM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID PARKER,

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Case No. 2:17-cv-02892-APG-NJK
Plaintiff,

ORDER

v.
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JOE LOMBARDO, et al.,
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Defendants.
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I.

DISCUSSION

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by

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an individual who has been released from the custody of the Nevada Department of

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Corrections. Plaintiff submitted an application to proceed in forma pauperis for prisoners.

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Docket No. 1. The Court now directs Plaintiff to file an application to proceed in forma

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pauperis by a non-prisoner within thirty (30) days from the date of this order or pay the

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full filing fee of $400.

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Plaintiff has filed a motion to amend the complaint. Docket No. 3. The Court grants

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that motion. However, the Court will not screen the amended complaint, Docket No. 3-1,

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until the matter of the payment of the filing fee is resolved.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed

in forma pauperis for prisoners, Docket No. 1, is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the
approved form application to proceed in forma pauperis by a non-prisoner, as well as the
document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that, within thirty (30) days from the date of this order,
Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for
non-prisoners; or (2) pay the full filing fee of $400.
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 motion to amend the complaint, Docket No.
3, is GRANTED, but the Court will not file and screen the amended complaint until the
matter of the filing fee is resolved.

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DATED: August 28, 2018.
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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