Christian v. United States of America

Filing 20

ORDER. IT IS THEREFORE ORDERED that Plaintiff shall have until September 26, 2024 to either: (1) file a complete application to proceed in forma pauperis in compliance with 28 U.S.C. § 1915(a)(1) and LSR 1-1; or (2) pay the full $405 filing fee, which includes the $350 filing fee plus the $55 administrative fee. Plaintiff is advised that failure to comply with this order may result in a recommendation to the district judge that the case be dismissed. IFP or payment of filing fees due 9/26/2024. Signed by Magistrate Judge Daniel J. Albregts on 8/27/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Eric Leon Christian,

Case No. 2:24-cv-00849-RFB-DJA
Plaintiff,

v.

Order

United States of America,
Defendant.
This matter is before the Court on its review of the docket. On May 7, 2024, the Court

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denied Plaintiff’s application to proceed in forma pauperis and gave Plaintiff until June 6, 2024 to

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file a renewed application or pay the filing fee. (ECF No. 3). On May 11, 2024, Plaintiff filed a

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document titled “notice of affirmed leave to proceed,” in which Plaintiff states that he was given

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“leave to proceed in appeal” in a criminal case. (ECF No. 7). He states that “[ ]leave to proceed

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order now applies to the 7 year pending 2242 Habeas Corpus appeal case 2:2017-cv-2707 case,”

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and “[a]s a result the affirmed Leave to Proceed order extends to all cases pending before the

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District Court of Nevada while in Habeas appeal…” (Id.).

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To the extent Plaintiff argues that receiving leave to proceed in forma pauperis in one case

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extends to another, his argument fails. Plaintiff cites no authority to support this argument and

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the Court is not aware of any. The Court thus declines to allow Plaintiff to proceed in forma

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pauperis based on his notice and will extend the time for him to file an application to proceed in

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forma pauperis or pay the filing fee by thirty days.

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IT IS THEREFORE ORDERED that Plaintiff shall have until September 26, 2024 to

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either: (1) file a complete application to proceed in forma pauperis in compliance with 28 U.S.C.

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§ 1915(a)(1) and LSR 1-1; or (2) pay the full $405 filing fee, which includes the $350 filing fee

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plus the $55 administrative fee. Plaintiff is advised that failure to comply with this order may

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result in a recommendation to the district judge that the case be dismissed.

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DATED: August 27, 2024

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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