Jamerson v. O'Malley

Filing 5

ORDER - No later than June 19, 2024, Plaintiff must file either a notice that he does not have a spouse or a notice of corrected image of the application to proceed in forma pauperis that provides all of the spousal information required. Signed by Magistrate Judge Nancy J. Koppe on 6/5/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SCOTT DYLAN J.,
Plaintiff(s),

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Case No. 2:24-cv-01020-NJK
Order

v.

[Docket No. 1]

MARTIN O’MALLEY,
Defendant(s).
Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket

13 No. 1. When analyzing whether to allow a plaintiff to proceed without prepaying the filing fee,
14 the Court considers the income and assets to which the plaintiff has access, including those of the
15 plaintiff’s spouse. Flores v. Colvin, 2014 U.S. Dist. Lexis 93236, at *3-4 (D. Nev. May 22, 2014)
16 (collecting cases). Plaintiff’s application to proceed in forma pauperis in this case is blank as to,
17 inter alia, spousal income and employment. See Docket No. 1.

It is not clear from the filing

18 whether Plaintiff does not have a spouse or whether Plaintiff simply did not fill out this aspect of
19 the application. Accordingly, the Court DEFERS ruling on the application to proceed in forma
20 pauperis. No later than June 19, 2024, Plaintiff must file either a notice that he does not have a
21 spouse or a notice of corrected image of the application to proceed in forma pauperis that provides
22 all of the spousal information required.
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IT IS SO ORDERED.

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Dated: June 5, 2024

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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