McLaughlin v. NDOC Infirmary et al

Filing 3

ORDER that within thirty days from the date of this order, plaintiff must either file an IFP or pay the filing fee. Signed by Magistrate Judge Brenda Weksler on 1/6/2021. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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Case 2:21-cv-00002-RFB-BNW Document 3 Filed 01/06/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 Michael T. McLaughlin, 7 8 9 Case No. 2:21-cv-00002-RFB-BNW Plaintiff, ORDER v. NDOC Infirmary, et al., 10 Defendants. 11 12 Plaintiff Michael T. McLaughlin, currently in custody at the Southern Desert Correctional 13 Center, submitted a complaint on January 4, 2021. (ECF No. 1-1). McLaughlin neither paid the 14 filing fee to initiate this matter nor submitted an application to proceed in forma pauperis. 15 Under 28 U.S.C. § 1915(a) and Local Rules (“LSR”) 1-1 and 1-2, McLaughlin must 16 complete an application to proceed in forma pauperis and attach both an inmate account statement 17 for the past six months and a signed financial certificate. The court will retain plaintiff’s 18 complaint (ECF No. 1-1) but will not file it until the matter payment is resolved. 19 IT IS THEREFORE ORDERED that the Clerk of Court send plaintiff the approved form 20 application to proceed in forma pauperis by a prisoner, as well as the accompanying information 21 form and instructions for filing the application. 22 IT IS FURTHER ORDERED that within thirty days from the date of this order, plaintiff 23 must either: (1) file a complete application to proceed in forma pauperis, on the correct form with 24 complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $402 25 fee for a civil action (which includes the $350 filing fee and the $52 administrative fee). Plaintiff 26 is advised that failure to comply with this order will result in a recommendation that his case be 27 dismissed. 28 Case 2:21-cv-00002-RFB-BNW Document 3 Filed 01/06/21 Page 2 of 2 1 2 3 IT IS FURTHER ORDERED that the Clerk of Court retain the complaint (ECF No. 1-1) but not file it at this time. DATED: January 5, 2021. January 6, 2021. 4 5 6 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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