Silver v. Wolfson et al

Filing 14

ORDER denying without prejudice. 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that plaintiff either submit a new and current application to proceed in forma pauperis or pay the $350.00 filing fee, plus the $50.00 administrative fee, within 30 days from the date of this order. FURTHER ORDERED that plaintiff's failure to timely comply with this order will result in a recommendation that this case be dismissed. FURTHER ORDERED that 2 and 6 plaintiff's Motions for Pro Se Litigant to File Electronically are DENIED without prejudice. FURTHER ORDERED that 9 and 10 Motions for Inquiry on the Status of Case are GRANTED. FURTHER ORDERED that 11 Motion/Application for Leave to Pro ceed in forma pauperis is DENIED without prejudice. FURTHER ORDERED that 13 Motion to Amend the Complaint is DENIED without prejudice. Signed by Magistrate Judge Carl W. Hoffman on 1/16/2019. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FREDERICK O SILVER,

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Plaintiff,
ORDER

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Case No. 2:18-cv-01106-JAD-CWH

v.
STEVEN B. WOLFSON, et al.,

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Defendants.

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Presently before the court is pro se plaintiff Frederick O Silver’s application to proceed in

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forma pauperis (ECF No. 1), filed on June 21, 2018.
Also before the court are plaintiff’s motions for permission for electronic case filing (ECF

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Nos. 2, 6), filed on June 21, 2018 and July 6, 2018.
Also before the court are plaintiff’s motions for inquiry on the status of his case (ECF

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Nos. 9, 10), filed on August 29, 2018 and November 8, 2018.
Also before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 11),

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filed on December 12, 2018.
Also before the court is plaintiff’s motion to amend the complaint (ECF No. 13), filed on

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December 12, 2018.

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I.

IN FORMA PAUPERIS APPLICATION

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Plaintiff submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability to

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prepay fees and costs or give security for them on June 21, 2018. (IFP Application (ECF No. 1).)

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Plaintiff also filed a second motion to proceed in forma pauperis that requests the court to grant

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his initial in forma pauperis application. (IFP Application (ECF No. 11).) However, on January

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3, 2019, plaintiff filed a subsequent case in which he paid the $400.00 filing fee. See Silver v.

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Wolfson, 2:19-cv-00032-APG-PAL (ECF No. 1). Given that plaintiff paid the filing fee in a

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subsequent case, it is unclear to the court whether plaintiff is indigent and unable to prepay the

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filing in this case. As such, the court therefore denies plaintiff’s applications to proceed in forma

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pauperis without prejudice. Plaintiff must either file a new and current application to proceed in

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forma pauperis or pay the full filing fee for this action.
Plaintiff has also filed a motion to amend the complaint. If plaintiff chooses to submit a

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new in forma pauperis application, the amended complaint must be attached. The court will

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therefore deny plaintiff’s motion to amend the complaint without prejudice, pending the

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resolution of the filing fee matter. The court will also deny plaintiff’s motions for permission for

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electronic case filing without prejudice. Plaintiff may refile a motion for electronic filing once

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the in forma pauperis application and filing fee issue is resolved.

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II.

MOTIONS FOR INQUIRY
Plaintiff moves the court for the status of his case and the status of the aforementioned

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case filings. Given that the court resolved plaintiff’s various filings, plaintiff’s motions for

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inquiry are granted. Plaintiff is further advised that due to the large number of civil actions

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pending before the court, the court is unable to respond to individual inquiries regarding case

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status. Further, the court resolves motions and filings in the order in which they are received.

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Plaintiff should keep the court apprised of any changes to his address to continue to receive any

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information regarding his case.

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III.

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CONCLUSION
IT IS THEREFORE ORDERED that plaintiff Frederick O Silver’s application to proceed

in forma pauperis (ECF No. 1) is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff either submit a new and current application to

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proceed in forma pauperis or pay the $350.00 filing fee, plus the $50.00 administrative fee,

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within 30 days from the date of this order.

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IT IS FURTHER ORDERED that plaintiff’s failure to timely comply with this order will
result in a recommendation that this case be dismissed.
IT IS FURTHER ORDERED that plaintiff’s motions for permission for electronic case
filing (ECF Nos. 2, 6) are DENIED without prejudice.
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IT IS FURTHER ORDERED that plaintiff’s motions for inquiry on the status of his case
(ECF Nos. 9, 10) are GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion to proceed in forma pauperis (ECF
No. 11) is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion to amend the complaint (ECF No. 13)
is denied without prejudice.

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DATED: January 16, 2019

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

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