Vidal et al v. Internal Affairs LVMPD et al
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
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FRANCISCO VIDAL, KHLOE VIDAL,
JAMES NESKE, and SANDRA SCHORAS,
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,
On December 11, 2019, Plaintiff Francisco Vidal, formerly an inmate who has been released
from the custody of the Nevada Department of Corrections (“NDOC”), submitted an Emergency
Motion for Injunction on a Civil Rights Complaint form which lists three additional plaintiffs. ECF
Plaintiff has neither paid the $402 filing fee for this matter nor filed an application to proceed
in forma pauperis, which he must do pursuant to 28 U.S.C. § 1915(a)(1) and the U.S. District Court
for the District of Nevada Local Rule LSR 1-1 if he wishes to proceed without paying the mandatory
filing fee. Local Rule LSR 1-1 states: “Any person who is unable to prepay the fees in a civil case
may apply to the court for leave to proceed in forma pauperis. The application must be made on the
form provided by the court and must include a financial affidavit disclosing the applicant’s income,
assets, expenses, and liabilities.”
Further, Plaintiff is advised that a person acting pro se may not represent other people.
Pursuant to 28 U.S.C. § 1654, pro se litigants have the right to plead and conduct their own cases
personally. However, pro se litigants have no authority to represent anyone other than themselves.
See Cato v United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v. United
States, 818 F.2d 696, 697 (9th Cir. 1987). As such, if each plaintiff named in the Complaint (ECF
No. 1-1) wishes to pursue an action in this Court, each plaintiff is required to file their own complaint
Case 2:19-cv-02130-JAD-EJY Document 4 Filed 04/01/21 Page 2 of 2
in a new and separate case and submit either their own fully complete application to proceed in
forma pauperis or pay the full $402 filing fee.
The Court shall retain Plaintiff’s Complaint (ECF No. 1-1), but the Court will not file the
Complaint unless and until Plaintiff timely pays the $402 filing fee or files a complete application
to proceed in forma pauperis for a non-prisoner.
Accordingly, 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.
IT IS FURTHER ORDERED that on or before May 3, 2021, Plaintiff shall either: (1) file a
fully complete application to proceed in forma pauperis by a non-prisoner, in compliance with 28
U.S.C. § 1915(a) and LSR 1-1; or (2) pay the full $402 filing fee for a civil action (which includes
the $350 filing fee and the $52 administrative fee).
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.
ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE
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