D'Agostino v. Walsh et al

Filing 3

ORDER DISMISSING CASE. IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new complaint in a new action, with a proper in forma pauperis application in compliance with 28 U.S.C. § 1915(a). FURT HER ORDERED, the Clerk shall send plaintiff two copies of an in forma pauperis application form for a prisoner and two copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, with instructions for both forms. (Sent: 1/18/2012.) FURTHER ORDERED, plaintiff may file a new complaint and in forma pauperis application in a new action, but he may not file further documents in this action. FURTHER ORDERED, the Clerk shall enter judgment accordingly. Signed by Judge Howard D. McKibben on 1/17/2012. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FRANK S. D’AGOSTINO,
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Plaintiff,
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vs.
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LISA WALSH, et al.,
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Defendants.
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3:12-cv-00005-HDM-WGC
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. Plaintiff has submitted a complaint and seeks leave to proceed in forma pauperis. (ECF
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No. 1). In addition to filing the proper affidavit of inability to pay filing fees, a prisoner seeking to
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proceed in forma pauperis “shall submit a certified copy of the trust fund account statement (or
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institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of
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the complaint . . . obtained from the appropriate official of each prison at which the prisoner is or
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was confined.” 28 U.S.C. § 1915(a)(1), (2). Plaintiff in the instant action has failed to submit an in
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forma pauperis application that provides the necessary financial information and includes a financial
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certificate signed by an authorized prison or jail officer.
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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT
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PREJUDICE to the filing of a new complaint in a new action, with a proper in forma pauperis

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application in compliance with 28 U.S.C. § 1915(a).

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IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff two copies of

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an in forma pauperis application form for a prisoner, one copy of the instructions for same, two

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copies of a blank 42 U.S.C. § 1983 prisoner civil rights form, and one copy of instructions for the

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same.

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IT IS FURTHER ORDERED that plaintiff may file a new complaint and in forma pauperis
application in a new action, but he may not file further documents in this action.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.
Dated this 17th day of January, 2012.

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UNITED STATES DISTRICT JUDGE
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