Ochoa v. Sandoval et al
Filing
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ORDERED that the # 1 Application is DENIED and that this action is DISMISSED without prejudice to the filing of a new complaint in a new action together with either a new IFP application with all required attachments or payment of the $350.00 f iling fee. Clerk shall send P a copy of the papers that he filed along with the complaint and pauper forms and instructions. ( Mailed 4/12/2012. ) Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 4/11/2012. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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ARTURO TORRES OCHOA,
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Plaintiff,
3:12-cv-00182-LRH-VPC
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vs.
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ORDER
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BRIAN SANDOVAL, et al.,
Defendants.
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Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma pauperis
seeking to initiate a civil rights action.
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The application is incomplete. Both a financial certificate properly executed by an appropriate
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institutional officer and a statement of the plaintiff’s inmate trust fund account for the past six months
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are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. Plaintiff attached neither. Plaintiff did
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not attach an executed financial certificate. Nor did he attach a statement of his inmate trust account
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for the past six months. The purported one-page account statement that he submitted is not a statement
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of plaintiff’s inmate trust account for the past six months.
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Plaintiff, who is in Ely State Prison, submitted a letter with his application in which he indicates
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that he sent a financial certificate to inmate accounting in Carson City on March 18, 2012, which is only
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10 days prior to the alleged March 28, 2010, date of mailing of his complaint. Plaintiff, not the Court,
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must wait for an executed financial certificate to be returned to him. Plaintiff must submit a properly
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completed pauper application at the time that he submits his complaint in order to properly commence
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a civil action. Plaintiff indisputably has been made aware of this requirement given that he has an
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extensive litigation history in this Court, including having three or more strikes for purposes of 28
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U.S.C. § 1915(g) following upon his filing of, inter alia, delusional and frivolous filings.1 It does not
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appear from review of the allegations presented that a dismissal without prejudice will result in a
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promptly-filed properly commenced action being time-barred. The improperly-commenced action
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therefore will be dismissed without prejudice.
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In this regard, plaintiff failed to fill out the inquiries in the complaint form regarding his prior
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litigation history. If plaintiff fails to do so again, the complaint may be dismissed for failure to follow
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the instructions and/or sanctions may be imposed against plaintiff.
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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) is
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DENIED and that this action shall be DISMISSED without prejudice to the filing of a new complaint
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in a new action together with either a new pauper application with all required attachments or payment
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of the $350.00 filing fee.
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The Clerk of Court shall send plaintiff a copy of the papers that he filed along with the
complaint and pauper forms and instructions.
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The Clerk shall enter final judgment accordingly, dismissing this action without prejudice.
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DATED this 11th day of April, 2012.
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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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See, e.g., Ochao v. David, No. 3:10-cv-00483-ECR-VPC, #7 at 1 n.1.
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