Avalon v. Social Security

Filing 4

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. The complaint is DISMISSED without prejudice for violating Local Rule IA 10- 1(a)(1). Plaintiff must file his amended complaint in compliance with the Courts Local Rules no later than 11/30/2021. Signed by Magistrate Judge Nancy J. Koppe on 11/16/2021. (Copies have been distributed pursuant to the NEF - JQC)

Download PDF
Case 2:21-cv-02051-NJK Document 4 Filed 11/16/21 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 JOSEPH HAROLD MUECK AVALON, Case No. 2:21-cv-02051-NJK Plaintiff, 10 11 v. 12 Order COMMISSIONER OF SOCIAL SECURITY, 13 14 [Docket No. 1] Defendant. Plaintiff has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis 15 (Docket No. 1), and has submitted a Complaint (Docket No. 1-1). 16 I. Application to Proceed In Forma Pauperis 17 Plaintiff filed an application to proceed in forma pauperis. Docket No. 1. The application 18 has sufficiently shown an inability to prepay fees and costs or give security for them. Accordingly, 19 the application to proceed in forma pauperis will be granted pursuant to § 1915. The Court will 20 now review Plaintiff’s complaint. 21 II. Screening the Complaint 22 When a party seeks permission to pursue a civil case in forma pauperis, courts will screen 23 the complaint. See 28 U.S.C. § 1915(e). However, papers filed with the Court must first comply 24 with the Court’s formatting guidelines. See Local Rule IA 10-1(a). Compliance with the Court’s 25 local filing guidelines is required for the Court to consider the underlying pleading. The complaint 26 fails to comply with these requirements. See Docket No. 1-1; Local Rule IA 10-1(a)(1). 27 . . . . 28 . . . . 1 Case 2:21-cv-02051-NJK Document 4 Filed 11/16/21 Page 2 of 2 1 III. Conclusion 2 Accordingly, the Court hereby ORDERS as follows: 3 1. Plaintiff’s request to proceed in forma pauperis is GRANTED with the caveat that the 4 fees shall be paid if recovery is made. At this time, Plaintiff shall not be required to 5 pre-pay the filing fee. 6 2. Plaintiff is permitted to maintain this action to conclusion without the necessity of 7 prepayment of any additional fees or costs or the giving of a security therefor. The 8 Order granting leave to proceed in forma pauperis shall not extend to the issuance of 9 subpoenas at government expense. 10 3. The complaint is DISMISSED without prejudice for violating Local Rule IA 10- 11 1(a)(1). Plaintiff must file his amended complaint in compliance with the Court’s Local 12 Rules no later than November 30, 2021. 13 IT IS SO ORDERED. 14 Dated: November 16, 2021 ______________________________ Nancy J. Koppe United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?