Barren v. Dzurenda et al

Filing 23

ORDER denying as moot 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER denying 13 Motion; ORDER denying 16 Motion; ORDER denying as moot 19 Motion to Amend/Correct; Payment of filing fees or IFP due within 30 days from date of this order. Signed by Judge Andrew P. Gordon on 10/16/2020. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
DONALD ROTSIN BARREN,

Case No. 2:19-cv-00142-APG-VCF

4
Plaintiff,
5
6

ORDER

v.
JAMES DZURENDA, et al.,

7

Defendants.

8
9

1.

DISCUSSION

10

This action began with a pro se civil rights complaint filed pursuant to 42 U.S.C. §

11

1983 by a state prisoner. Plaintiff submitted an application to proceed in forma pauperis

12

for prisoners. (ECF No. 1.) However, Plaintiff has since filed a change of address,

13

indicating that he is no longer incarcerated. (ECF No. 18.) As such, the Court denies

14

Plaintiff’s application to proceed in forma pauperis for prisoners as moot. The Court now

15

directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner within

16

thirty (30) days from the date of this order or pay the full filing fee of $400.

17

Plaintiff has also filed two motions requesting that the Court issue an order for the

18

United States Marshalls to serve the Defendants. (ECF Nos. 13, 16.) After Plaintiff files

19

an application to proceed in forma pauperis by a non-prisoner or pays the full filing fee of

20

$400, the Court will issue a subsequent order addressing service. As such, the Court

21

denies Plaintiff’s motions without prejudice.

22

Finally, the Defendants filed a motion requesting that the Court amend its order

23

setting an early inmate mediation conference in this case. (ECF No. 19.) The motion

24

indicates that because Plaintiff is no longer incarcerated, the attorney general’s office

25

could not facilitate Plaintiff’s participation in the mediation conference. (Id.) The parties

26

have participated in the mediation conference, and the Court denies the motion as moot.

27

///

28

///
1

1

II.

CONCLUSION

2

For the foregoing reasons, IT IS ORDERED the Clerk of the Court WILL SEND

3

Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as

4

well as the document entitled information and instructions for filing an in forma pauperis

5

application.

6

IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

7

Plaintiff will either: (1) file a fully complete application to proceed in forma pauperis for

8

non-prisoners; or (2) pay the full filing fee of $400.

9
10

IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order,
the Court will dismiss this case without prejudice.

11

IT IS FURTHER ORDERED that, Plaintiff’s motions for service by the United

12

States Marshalls (ECF Nos. 13, 16) are DENIED without prejudice. The Court will issue

13

an order addressing service after Plaintiff files a fully complete application to proceed in

14

forma pauperis for non-prisoners or pays the full filing fee of $400.

15
16

IT IS FURTHER ORDERED that Defendants motion to amend the Court’s ordering
setting the early inmate mediation conference (ECF No. 19.) is DENIED as moot.

17
18

16th
DATED THIS ___ day of October 2020.

19
20

UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
2