Victory v. Bank of America et al

Filing 14

ORDER - IT IS THEREFORE ORDERED that Plaintiff's motion to extend time and for documents (ECF No. 13 ) is granted. IT IS FURTHER ORDERED that the Clerk's Office is kindly directed to send Plaintiff the following: a copy of the dock et sheet, ECF Nos, 9 , 10 , 12 , and a copy of the application to proceed IFP by an inmate. IT IS FURTHER ORDERED that Plaintiff shall have until October 7, 2024 to either pay the filing fee or file an application to proceed in forma pauperis. Signed by Magistrate Judge Daniel J. Albregts on 8/27/2024. (For Distribution by law library.) (Attachments: # 1 Docket Sheet, # 2 ECF No. 9, # 3 ECF No. 10, # 4 ECF No. 12, # 5 IFP forms)(Copies have been distributed pursuant to the NEF - DLS)

Case 2:24-cv-00978-JAD-DJA Document 12 Filed 08/22/24 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Justin Lynn Victory,

Case No. 2:24-cv-00978-JAD-DJA
Plaintiff,

v.

Order

Bank of America, et al,
Defendants.

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Before the Court is Plaintiff’s motion for an extension of time to file an application to

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proceed in forma pauperis (ECF No. 9) and motion to update address (ECF No. 11). Plaintiff

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moves for additional time to file an application to proceed in forma pauperis and also appears to

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ask the Court to accept certain documents he attaches as his application. (ECF No. 9). However,

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applications to proceed in forma pauperis “must be made on the form provided by the court and

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must include a financial affidavit disclosing the applicant’s income, assets, expenses, and

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liabilities.” Nevada Local Special Rule 1-1. The Court will thus extend the deadline for Plaintiff

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to file an application to proceed in forma pauperis for thirty days from the date of this order. The

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Court denies Plaintiff’s motion to the extent that he requests the Court accept his documents as

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his application and will re-send him the approved form application to proceed in forma pauperis.

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Plaintiff also moves to change his address. (ECF No. 11). However, the new address that

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Plaintiff provides is the same as is already on the docket—the Southern Desert Correctional

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Center. So, the Court denies Plaintiff’s motion as moot.

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IT IS THEREFORE ORDERED that Plaintiff’s motion to extend time (ECF No. 9) is

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granted. Plaintiff must either pay the filing fee or file an application to proceed in forma

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pauperis on or before September 23, 2024. Failure to comply with this order may result in a

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recommendation to the district judge that this case be dismissed.

Case 2:24-cv-00978-JAD-DJA Document 12 Filed 08/22/24 Page 2 of 2

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IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to send Plaintiff

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a copy of the application to proceed in forma pauperis by an inmate and its instruction packet.

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The Clerk of Court is also kindly directed to send Plaintiff a copy of this order.

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IT IS FURTHER ORDERED that Plaintiff’s motion to change address (ECF No. 11) is
denied as moot.

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DATED: August 22, 2024

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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