Tagle Sr v. DHS/ICC Ins

Filing 6

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER denying 2 Motion for Hearing; ORDER denying 4 Motion; Payment of filing fees or IFP due 8/17/2018. Signed by Magistrate Judge Carl W. Hoffman on 7/19/2018. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR M. TAGLE, SR.,

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Case No. 2:18-cv-00694-APG-CWH

Plaintiff,
ORDER
v.
DHS/ICC INS., et al.,

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Defendants.

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Presently before the court is Nevada state-prison inmate Victor M. Tagle, Sr.’s motion to
proceed in forma pauperis (ECF No. 1), filed on April 16, 2018.
Also before the court is Tagle’s motion requesting a hearing and transportation (ECF No.
2), filed on April 16, 2018.
Also before the court is Tagle’s motion requesting a speedy trial (ECF No. 4), filed on
May 4, 2018.
Under 28 U.S.C. § 1915(a)(2) and the court’s local rules, an incarcerated plaintiff seeking

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to proceed in forma pauperis must complete an application to proceed in forma pauperis and

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attach (1) an inmate account statement for the past six months, and (2) a properly executed

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financial certificate. LRS 1-1, 1-2. If the plaintiff has been incarcerated at the institution for

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fewer than six months, the certificate must show the account’s activity for the shortened period.

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LSR 1-2.

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Tagle’s application requesting to proceed in forma pauperis was not submitted on the

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court’s required form and does not include the attachments required by the court’s local rules.

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Without the required information and attachments, the court cannot evaluate whether Tagle is

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unable to prepay fees in this case. The court therefore will deny Tagle’s application to proceed in

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forma pauperis without prejudice. The court will deny the other pending motions without

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prejudice for Tagle to renew the motions after the matter of the filing fee has been resolved and

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his complaint has been screened.

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IT IS THEREFORE ORDERED that plaintiff Victor Tagle’s Application to Proceed In
Forma Pauperis (ECF No. 1) is DENIED without prejudice.
IT IS FURTHER ORDERED that the clerk of court must send plaintiff a blank

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application to proceed in forma pauperis by an inmate as well as the document titled “Information

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and Instructions for Filing a Motion for Leave to Proceed In Forma Pauperis.”

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IT IS FURTHER ORDERED that by August 17, 2018, plaintiff must either: (1) file a

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complete application to proceed in forma pauperis, on the correct form with complete financial

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attachments, or (2) pay the full $400 fee for filing a civil action, which includes the $350 filing

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fee and the $50 administrative fee.

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IT IS FURTHER ORDERED Tagle’s motion requesting a hearing and transportation
(ECF No. 2) is DENIED without prejudice.
IT IS FURTHER ORDERED that Tagle’s motion requesting a speedy trial (ECF No. 4) is
DENIED without prejudice.
IT IS FURTHER ORDERED that failure to timely comply with this order may result in a
recommendation that this case be dismissed.

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DATED: July 19, 2018

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C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE

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