Centeno v. Grierson et al

Filing 15

ORDER Re: 6 Motion/Application for Leave to Proceed in forma pauperis. Payment of filing fees due 6/7/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/8/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GEROLD CENTENO,

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Plaintiff

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Case No. 2:23-cv-02131-JAD-DJA
ORDER

v.
STEVEN GRIERSON, et al.,

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Defendants

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I.

DISCUSSION

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On January 11, 2024, the Court ordered Plaintiff to either pay the $405 filing fee

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or file a complete application to proceed in forma pauperis by March 15, 2024. (ECF No.

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5). Plaintiff subsequently filed three motions for an extension of time, indicating that the

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NDOC had not yet provided him a financial certificate or a six-month account statement,

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even though he had actually attached those documents to his first amended complaint.

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(ECF Nos. 9, 10, 11, 8 at 17-24). The Court granted Plaintiff’s motion and gave him until

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April 15, 2024, to file a complete application to proceed in forma pauperis. (ECF No. 12).

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Plaintiff has filed two financial certificates and two six-month account statements,

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but he has not filed an application to proceed in forma pauperis. (ECF Nos. 13, 14). In

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light of Plaintiff’s filings, the Court will grant Plaintiff one final opportunity to file a complete

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application to proceed in forma pauperis, or, in the alternative, pay the $405 filing fee on

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or before June 7, 2024.

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II.

CONCLUSION

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It is therefore ordered the Court grants Plaintiff until June 7, 2024, to either pay

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the full $405 filing fee or file a fully complete application to proceed in forma pauperis with

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all three required documents: (1) a completed application with the inmate’s two signatures

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on page 3, (2) a completed financial certificate that is signed both by the inmate and the

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prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the

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previous six-month period.

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Plaintiff is cautioned that this action will be subject to dismissal without prejudice if

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Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff

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

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complete application to proceed in forma pauperis or pay the required filing fee.

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DATED THIS 8th day of May 2024.

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UNITED STATES MAGISTRATE JUDGE

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