Allison v. Las Vegas Metro Police Dept. et al

Filing 3

ORDER. Clerk shall send a complaint and IFP form to Plaintiff. Complaint deadline: 3/21/2022. IFP Application or Payment of filing fees due 3/21/2022. See Order for details. Signed by Judge Richard F. Boulware, II on 1/10/2022. (Copies have been distributed pursuant to the NEF - ABG)

Case 2:21-cv-02217-RFB-EJY Document 3 Filed 01/10/22 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD J. ALLISON,

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Plaintiff,
v.

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ORDER

LAS VEGAS METRO POLICE
DEPARTMENT, DET. PARRA,
Defendants.

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Case No. 2:21-cv-02217-RFB-EJY

I.

DISCUSSION

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On December 17, 2021, Plaintiff, an inmate currently located at the Clark County Detention

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Center, submitted a civil rights complaint under 42 U.S.C. § 1983. ECF 1-1. Plaintiff did not submit

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a complaint in compliance with Local Special Rule 2-1. Plaintiff also did not submit an application

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to proceed in forma pauperis or pay the $402 filing fee in this matter.

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A.

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The Court notes that Plaintiff’s document at ECF No. 1-1 does not comply with Local Special

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Rule 2-1 (“LSR 2-1”). Under LSR 2-1, a civil rights complaint filed by a person who is not

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represented by an attorney must be submitted on the form provided by the court or must be legible

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and contain substantially all the information called for by the court’s form. Plaintiff’s complaint

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does neither.

Plaintiff’s Initiating Document

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B.

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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a

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civil action may apply to proceed in forma pauperis in order to file the civil action without prepaying

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the $402 filing fee. To apply for in forma pauperis status, the inmate must submit all three of the

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following documents to the Court:

There is No Application to Proceed in Forma Pauperis

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(1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Court’s

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approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3),

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Case 2:21-cv-02217-RFB-EJY Document 3 Filed 01/10/22 Page 2 of 3

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(2) a Financial Certificate properly signed by both the inmate and a facility or jail official

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(i.e. page 4 of this Court’s approved form), and

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(3) a copy of the inmate’s facility or jail trust fund account statement for the previous

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six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff

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must still submit an inmate account statement for the dates he has been present at the facility.

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II.

ORDER

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IT IS HEREBY ORDERED that the Clerk of the Court shall send to Plaintiff the approved

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form for filing a § 1983 complaint, instructions for the same, and a copy of his original document at

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ECF No. 1-1.

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IT IS FURTHER ORDERD that Plaintiff shall have until on or before March 21, 2022 to
submit a complaint to the Court in compliance with LSR 2-1.

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IT IS FURTHER ORDERED that, if Plaintiff does not file a complaint in compliance with

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LSR 2-1 on or before March 21, 2022, this case will be subject to dismissal without prejudice for

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Plaintiff to refile the case with the Court, under a new case number, when Plaintiff is able to file a

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complaint in compliance with LSR 2-1.

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IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved

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form application to proceed in forma pauperis by an inmate, as well as the document entitled

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information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before March 21, 2022, Plaintiff shall either pay the

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$402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative fee)

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or file with the Court:

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(1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s

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approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page

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3),

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(2) a Financial Certificate properly signed by both the inmate and a facility or jail official

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(i.e. page 4 of this Court’s approved form), and

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Case 2:21-cv-02217-RFB-EJY Document 3 Filed 01/10/22 Page 3 of 3

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(3) a copy of the inmate’s facility or jail trust fund account statement for the previous

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six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff

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must still submit an inmate account statement for the dates he has been present at the facility.

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IT IS FURTHER ORDERED that, if Plaintiff does not file a complete application to proceed

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in forma pauperis with all three documents or pay the $402 filing fee for a civil action on or before

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March 21, 2022, this case will be subject to dismissal without prejudice for Plaintiff to refile the

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case with the Court, under a new case number, when Plaintiff has all three documents needed to file

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a complete application to proceed in forma pauperis or pays the $402 filing fee.

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DATED this 10th day of January, 2022.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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