Guerrier v. LeGrand et al

Filing 7

ORDER. IT IS ORDERED that plaintiff's application to proceed in forma pauperis 6 is GRANTED. Plaintiff #1036378 must pay the initial installment fee of $32.29 within thirty (30) days. However, the full filing fee shall still be due. FURTHER ORDERED that the Clerk shall SEND plaintiff two copies of this Order (sent). Plaintiff must make the necessary arrangements to have one copy of this Order, attached to a check in the amount of the initial installment of the filing fee, sent to the Court. NDOCshall pay the Clerk 20% of the preceding month's deposits to plaintiff'saccount (in months that the account exceeds $10.00), until the full $350 filing fee has been paid. The Clerk shall send a copy of this order to Albert G. Peralta, Chief of Inmate Services, Nevada Department of Prisons, P.O. Box 7011, Carson City, NV 89702 (sent). FURTHER ORDERED that plaintiff's motion to amend complaint 3 is GRANTED. Plaintiff shall file an ame nded complaint within thirty (30) days. The Clerk shall send plantiff 42:1983 forms/instructions (sent). (Copy of Order sent to Albert G. Peralta and Finance Dept. Copy of original complaint sent to plaintiff)(Payment of filing fees due 4/3/2011. Amended Complaint deadline: 4/3/2011.) Signed by Magistrate Judge Robert A. McQuaid, Jr on 3/3/2011. (Copies have been distributed pursuant to the NEF - MLC)

-RAM Guerrier v. LeGrand et al

Doc. 7

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff has submitted a pro se civil rights complaint. Plaintiff's application to proceed in forma pauperis is granted (docket #6). Based on the information regarding plaintiff's financial status in the application to proceed in forma pauperis, plaintiff is required to pay an initial installment of the filing fee pursuant to 28 U.S.C. §1915. The grant of in forma pauperis status adjusts the amount of the filing fee that plaintiff must prepay -- plaintiff will be required to prepay an initial installment of $32.29, if plaintiff's institutional account has a sufficient balance, instead of having to prepay the full $350 filing fee for this action. The entire $350 filing fee will, however, remain due from plaintiff, and the institution where plaintiff is incarcerated will collect money toward the payment of the full filing fee when plaintiff's vs. ROBERT LEGRAND, et al., Defendants. HERVE GUERRIER, #1036378 Plaintiff, ) ) ) ) ) ) ) ) ) ) /

3:10-cv-00752-LRH-RAM ORDER

Dockets.Justia.com

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institutional account has a sufficient balance, pursuant to 28 U.S.C. §1915. Further, the entire $350 filing fee will remain due and payable, and will be collected from plaintiff's institutional account, regardless of the outcome of this action. On December 21, 2010 plaintiff filed a motion to amend his complaint (docket #3). Plaintiff's motion is granted. Plaintiff's motion indicates the changes that plaintiff seeks to make to his complaint. However, this is insufficient to amend his complaint; plaintiff must file a new amended complaint that sets forth all claims against all defendants that he wishes to pursue in this action. Plaintiff shall file his amended complaint within thirty (30) days of the date of entry of this order. Again, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete and that Local Rule 15-1 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged. IT IS THEREFORE ORDERED that plaintiff's application to proceed in forma pauperis (docket #6) is GRANTED. Plaintiff Herve Guerrier, Inmate No. 1036378, will be permitted to maintain this action to conclusion without prepayment of the full filing fee. However, plaintiff must pay an initial installment of the filing fee in the amount of $32.29. Plaintiff will not be required to pay fees or costs, other than the filing fee, or give security therefor. This Order granting in forma pauperis status shall not extend to the issuance and service of subpoenas at government expense. IT IS FURTHER ORDERED that, even if this action is dismissed, or is otherwise unsuccessful, the full filing fee shall still be due, pursuant to 28 U.S.C. §1915, as amended by the Prisoner Litigation Reform Act of 1996. IT IS FURTHER ORDERED that if plaintiff's account has sufficient funds, he shall have thirty (30) days from the date of entry of this order to have the initial installment of the filing fee,

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in the amount stated above, sent to the Clerk in the manner described below. Failure to do so may result in the immediate dismissal of this action. IT IS FURTHER ORDERED that the Clerk shall SEND plaintiff two copies of this Order. Plaintiff must make the necessary arrangements to have one copy of this Order, attached to a check in the amount of the initial installment of the filing fee, sent to the Court, by sending a copy of the Order with a "brass slip" to Inmate Services for issuance of the check. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. §1915, as amended by the Prisoner Litigation Reform Act of 1996, the Nevada Department of Corrections shall pay the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to plaintiff's account (in months that the account exceeds $10.00), until the full $350 filing fee has been paid for this action. The Clerk shall send a copy of this order to Albert G. Peralta, Chief of Inmate Services, Nevada Department of Prisons, P.O. Box 7011, Carson City, NV 89702. IT IS FURTHER ORDERED that plaintiff's motion to amend complaint (docket #3) is GRANTED. IT IS FURTHER ORDERED that the Clerk SHALL SEND to plaintiff the approved forms for filing a civil rights lawsuit under 42 U.S.C. §1983. IT IS FURTHER ORDERED that if plaintiff shall clearly title any amended complaint as such by placing the words "FIRST AMENDED" immediately above "Civil Rights Complaint Pursuant to 42 U.S.C. § 1983" on page 1 in the caption, and plaintiff shall place the case number, 3:10CV-00752-LRH-RAM, above the words "FIRST AMENDED"in the space for "Case No."

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IT IS FURTHER ORDERED that if plaintiff chooses to file an amended complaint, he shall file it within thirty (30) days from the date that this Order is entered. The amended complaint must be a complete document in and of itself, and will supersede the original complaint in its entirety. Any allegations, parties, or requests for relief from prior papers that are not carried forward in the amended complaint will no longer be before the court. DATED: March 3, 2011.

UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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