Holmes v. North Vista Hospital Dr. Gregory Piestrupt

Filing 3

ORDER - IT IS ORDERED that Plaintiff's application to proceed in forma pauperis ECF No. 1 is denied without prejudice. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to send Plaintiff a blank application to proceed in forma pauperis by an inmate as well as the accompanying instruction packet (sent on 8/28/2024). IT IS FURTHER ORDERED that by September 27, 2024, Plaintiff must either: (1) file a complete application to proceed in forma pauper is, on the correct form with complete financial attachments; or (2) pay the full $405 filing fee for a civil action, which includes the $350 filing fee and the $55 administrative fee. Failure to comply with this order will result in a recommendation to the District Judge that this action be dismissed. (Notice of Compliance is due by 9/27/2024). Signed by Magistrate Judge Daniel J. Albregts on 8/28/2024. (Attachments: # 1 IFP Packet with Instructions)(Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
David Holmes,
Plaintiff,

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Case No. 2:24-cv-01544-APG-DJA

v.

Order

North Vista Hospital Dr. Gregory Piestrupt,
Defendant.

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Clark County Detention Center inmate, Plaintiff David Holmes, submitted initiating

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documents to the Court which include an application to proceed in forma pauperis and a

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complaint. (ECF Nos. 1, 1-1). Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an

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incarcerated plaintiff seeking to proceed without paying the filing fee must complete an

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application to proceed in forma pauperis and attach: (1) an inmate account statement for the past

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six months; and (2) a financial certificate from the institution where he is incarcerated certifying

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the amount of funds in the plaintiff’s trust account at the institution. If the plaintiff has been

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incarcerated at the institution for fewer than six months, the certificate must show the account’s

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activity for the shortened period. LSR 1-2.

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Here, Plaintiff’s application is incomplete because it does not include the financial

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certificate, which is on page four of this Court’s form application. Additionally, Plaintiff did not

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submit an inmate account statement for the past six months. The Court will therefore deny

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Plaintiff’s application to proceed in forma paupers without prejudice. If Plaintiff chooses to file

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another in forma pauperis application, then he must file a complete application on this Court’s

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approved form including all the documents referenced in this order.

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IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma
pauperis (ECF No. 1) is denied without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to send Plaintiff

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a blank application to proceed in forma pauperis by an inmate as well as the accompanying

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instruction packet.

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IT IS FURTHER ORDERED that by September 27, 2024, Plaintiff must either: (1) file

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a complete application to proceed in forma pauperis, on the correct form with complete financial

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attachments; or (2) pay the full $405 filing fee for a civil action, which includes the $350 filing

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fee and the $55 administrative fee. Failure to comply with this order will result in a

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recommendation to the District Judge that this action be dismissed.

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DATED: August 28, 2024
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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