Blanco v. McDaniel et al

Filing 3

ORDER re 1 Notice (Other), filed by Michell Blanco, Payment of filing fees or mtn IFP due 30 dys. (clerk sent IFP form) Clerk shall retain complt. Signed by Magistrate Judge Robert A. McQuaid, Jr on 09/23/09. (Copies have been distributed pursuant to the NEF - LG)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. E.K. MCDANIEL, et al., Defendants. MICHELL BLANCO, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) )

Case No. 3:09-cv-0521-LRH-RAM ORDER

Plaintiff, who is in the custody of the Nevada Department of Corrections, has submitted a Civil Right Complaint (#1-3) pursuant to 42 U.S.C. § 1983. Plaintiff did not pay the required filing fee of $350.00. Although he submitted a "Financial Certificate" (#1-2), this document is on a state court form and does not contain the information required by 28 U.S.C. §1915(a) and the Local Rules for the District of Nevada. The Local Rules require that an Application to Proceed in Forma Paueris be made on the forms provided by this Court. LSR 1-1 and 1-2. Plaintiff has also failed to provide a signed financial certificate executed by a prison official and a copy of his inmate trust account statement. See 28 U.S.C. §1915(a)(2); LSR 1-2. IT IS THEREFORE ORDERED that the plaintiff shall file a NEW Application to Proceed In Forma Pauperis on the proper form, accompanied by a signed and executed financial certificate and a statement of his inmate trust account. The Clerk of the Court shall send plaintiff a blank application form for incarcerated litigants with instructions. In the alternative, plaintiff shall make the necessary arrangements to pay the filing fee of three hundred fifty dollars ($350.00), accompanied by a copy of this order. Plaintiff shall have thirty (30) days from the date on which this order is entered to comply. Failure to comply will result in the dismissal of this action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint. DATED: September 23, 2009.

____________________________________ UNITED STATES MAGISTRATE JUDGE

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