Gantt v. Wildeveld et al

Filing 4

ORDERED that this action is DISMISSED without prejudice to the filing of a new complaint in a new action. FURTHER ORDERED the Clerk of the Court shall send P a blank 42 U.S.C. § 1983 prisoner civil rights form and one copy of instructions for th e same. FURTHER ORDERED that plaintiff may file a new complaint with the full filing fee (or an application to proceed in forma pauperis) in a new action, but he may not file further documents in this action. ( 1983 and IFP forms w instr mailed to P 8/25/2011 ) FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 8/25/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY GANTT,

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Plaintiff,
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vs.
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KRISTINA WILDEVELD, et al.,
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Defendants.
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____________________________________/

3:11-cv-00571-LRH-RAM
ORDER

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a state

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prisoner. Neither a filing fee nor an application to proceed in forma pauperis was submitted with the

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complaint. Plaintiff must either submit the filing fee or submit an application to proceed in forma

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pauperis when initiating an action in this Court. The Court notes that, on August 17, 2011, plaintiff

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submitted a letter explaining that he does not wish to proceed in forma pauperis in this action. (ECF

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No. 3). As no filing fee has been paid, this action must be dismissed. Petitioner may initiate a new

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action when he obtains the funds to pay the filing fee.

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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice to the
filing of a new complaint in a new action.

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IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff a blank 42

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U.S.C. § 1983 prisoner civil rights form and one copy of instructions for the same.

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///

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IT IS FURTHER ORDERED that plaintiff may file a new complaint with the full filing fee

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(or an application to proceed in forma pauperis) in a new action, but he may not file further

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documents in this action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.

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Dated this 25th day of August, 2011.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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