Centeno v. Lombardo et al

Filing 17

ORDER - IT IS ORDERED that Plaintiff's motion for clarification, Docket No. 16 , is GRANTED, as explained in this order. IT IS FURTHER ORDERED that, no later than July 5, 2024, Plaintiff must either pay the full $405 filing fee or file a completed Application to Proceed in Forma Pauperis for Inmate, which is pages 13 of the Courts approved form, that is properly signed twice on page 3. IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with t his order, this action will be subject to dismissal without prejudice. The Clerk of Court is INSTRUCTED to send Plaintiff Gerold Esparza Centeno the approved form application to proceed in forma pauperis for an inmate and instructions for the same. Signed by Magistrate Judge Nancy J. Koppe on 6/4/2024. (For Distribution by law library.) (Attachments: # 1 IFP Form with Instructions)(Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GEROLD ESPARZA CENTENO,

Case No.: 2:23-cv-01938-JAD-NJK

Plaintiff,
v.

ORDER

JOE LOMBARDO, et al.,
Defendants.
Plaintiff has filed a motion requesting clarification of the Court’s May 13, 2024, Order.
Docket No. 16. The Court’s Order explained that, although Plaintiff filed a financial certificate
and a trust fund account statement, Plaintiff’s request for in forma pauperis status was deficient
because he “has not filed an application to proceed in forma pauperis.” Docket No. 15 at 1. As
the Order further explained, for an inmate like Plaintiff to apply for in forma pauperis status, he
must submit three documents to the Court, including “a completed Application to Proceed in
Forma Pauperis for Inmate, which is pages 1–3 of the Court’s approved form that is properly
signed by the inmate twice on page 3.”
The Court now clarifies that Plaintiff’s request for in forma pauperis status is deficient
because he has not yet filed an Application to Proceed in Forma Pauperis for Inmate, including
the acknowledgement on page 3. In light of Plaintiff’s pro se status, the Court grants Plaintiff one
final extension until July 5, 2024, to complete and file this document.
Accordingly, for the reasons stated above,
IT IS ORDERED that Plaintiff’s motion for clarification, Docket No. 16, is GRANTED,
as explained in this order.
IT IS FURTHER ORDERED that, no later than July 5, 2024, Plaintiff must either pay the
full $405 filing fee or file a completed Application to Proceed in Forma Pauperis for Inmate,
which is pages 1–3 of the Court’s approved form, that is properly signed twice on page 3.

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IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, this

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action will be subject to dismissal without prejudice. A dismissal without prejudice allows
Plaintiff to refile the case with the Court, under a new case number, when Plaintiff can file a
complete application to proceed in forma pauperis or pay the required filing fee.
The Clerk of Court is INSTRUCTED to send Plaintiff Gerold Esparza Centeno the
approved form application to proceed in forma pauperis for an inmate and instructions for the
same.
IT IS SO ORDERED.
DATED: June 4, 2024.

NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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