Davis v. Unitel Voice, LLC et al

Filing 6

ORDER. IT IS ORDERED that 1 Plaintiff Steven R. Davis' Application to Proceed In Forma Pauperis is DENIED as moot. IT IS FURTHER ORDERED that pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Mr. Davis shall have 90 days from 4/27/18, to serve the defendants with the summons and complaint. IT IS FURTHER ORDERED that Mr. Davis shall file a certificate of interested parties as required by LR 7.1-1 of the Local Rules of Practice on or before 5/21/18. Signed by Magistrate Judge Peggy A. Leen on 5/8/2018. (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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STEVEN R. DAVIS,

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v.

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Case No. 2:18-cv-00673-JCM-PAL
Plaintiff,
ORDER

UNITEL VOICE, LLC, et al.,

(IFP App. – ECF No. 1)

Defendants.

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This matter is before the court on Plaintiff Steven R. Davis’ Application to Proceed In

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Forma Pauperis (ECF No. 1). This Application was referred to the undersigned pursuant to 28

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U.S.C. § 636(a) and LR IB 1-3 of the Local Rules of Practice.

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Mr. Davis is proceeding in this action pro se, which means that he is not represented by an

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attorney. See LSR 2-1. Pursuant to 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of

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Fees, a $400 filing fee is required to commence a civil action in a federal district court. However,

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any person who is unable to prepay the fees in a civil case may apply to the court for authority to

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proceed in forma pauperis (“IFP”), meaning without prepaying the full $400 filing fee. See 28

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U.S.C. § 1915(a)(1); LSR 1-1.

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On April 13, 2018, Davis commenced this action by filing a proposed complaint and IFP

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application. But he subsequently remitted the full $400 filing fee on April 27, 2018. See Receipt

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of Payment (ECF No. 3). The Clerk of the Court therefore filed his Complaint (ECF No. 4) on the

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court’s docket and issued summons. See Summons (ECF No. 5). Accordingly, Mr. Davis’ request

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to proceed IFP will be denied as moot, and the court will not conduct a screening of the complaint.

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff Steven R. Davis’ Application to Proceed In Forma Pauperis (ECF No. 1) is

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DENIED as moot.
2. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Mr. Davis shall have 90
days from April 27, 2018, to serve the defendants with the summons and complaint.

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3. Mr. Davis shall file a certificate of interested parties as required by LR 7.1-1 of the

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Local Rules of Practice on or before May 21, 2018. Failure to comply may result in

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the issuance of an order to show cause why sanctions should not be imposed.

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Dated this 7th day of May, 2018.

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___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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