Vidal et al v. Internal Affairs LVMPD et al

Filing 4

ORDER. IT IS HEREBY 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. IFP/Filing fees due 5/3/2021. IT IS FURTHER ORDERED that the Clerk of Court shall retain 1 -1 the Complaint, but will not file it at this time. Signed by Magistrate Judge Elayna J. Youchah on 4/1/2021. (Attachments: # 1 IFP Instructions/Form) (Copies have been distributed pursuant to the NEF - MR)

Case 2:19-cv-02130-JAD-EJY Document 4 Filed 04/01/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FRANCISCO VIDAL, KHLOE VIDAL,
JAMES NESKE, and SANDRA SCHORAS,

v.

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ORDER

Plaintiff,

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Case No.: 2:19-cv-02130-JAD-EJY

INTERNAL AFFAIRS LVMPD, OFFICER E.
CLINE, OFFICER ROWE, OFFICER
ROHAN, JOE LOMBARDO, OFFICER
TURNER, OFFICER DIAZ, OFFICER
POUPARD, and SGT. LUECK,
Defendants.

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On December 11, 2019, Plaintiff Francisco Vidal, formerly an inmate who has been released

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from the custody of the Nevada Department of Corrections (“NDOC”), submitted an Emergency

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Motion for Injunction on a Civil Rights Complaint form which lists three additional plaintiffs. ECF

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No. 1-1.

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Plaintiff has neither paid the $402 filing fee for this matter nor filed an application to proceed

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in forma pauperis, which he must do pursuant to 28 U.S.C. § 1915(a)(1) and the U.S. District Court

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for the District of Nevada Local Rule LSR 1-1 if he wishes to proceed without paying the mandatory

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filing fee. Local Rule LSR 1-1 states: “Any person who is unable to prepay the fees in a civil case

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may apply to the court for leave to proceed in forma pauperis. The application must be made on the

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form provided by the court and must include a financial affidavit disclosing the applicant’s income,

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assets, expenses, and liabilities.”

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Further, Plaintiff is advised that a person acting pro se may not represent other people.

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Pursuant to 28 U.S.C. § 1654, pro se litigants have the right to plead and conduct their own cases

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personally. However, pro se litigants have no authority to represent anyone other than themselves.

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See Cato v United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v. United

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States, 818 F.2d 696, 697 (9th Cir. 1987). As such, if each plaintiff named in the Complaint (ECF

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No. 1-1) wishes to pursue an action in this Court, each plaintiff is required to file their own complaint
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Case 2:19-cv-02130-JAD-EJY Document 4 Filed 04/01/21 Page 2 of 2

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in a new and separate case and submit either their own fully complete application to proceed in

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forma pauperis or pay the full $402 filing fee.

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The Court shall retain Plaintiff’s Complaint (ECF No. 1-1), but the Court will not file the

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Complaint unless and until Plaintiff timely pays the $402 filing fee or files a complete application

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to proceed in forma pauperis for a non-prisoner.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff the

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

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entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before May 3, 2021, Plaintiff shall either: (1) file a

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fully complete application to proceed in forma pauperis by a non-prisoner, in compliance with 28

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U.S.C. § 1915(a) and LSR 1-1; or (2) pay the full $402 filing fee for a civil action (which includes

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the $350 filing fee and the $52 administrative fee).

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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this Order, the
Court will recommend dismissal of this action.
IT IS FURTHER ORDERED that the Clerk of Court shall retain the Complaint (ECF No. 11), but will not file it at this time.
Dated this 1st day of April, 2021.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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