Spahr v. Ramsey et al

Filing 4

ORDERED the # 1 IFP Application is DENIED without prejudice. FURTHER ORD that this action is DISMISSED without prejudice to the filing of a new complaint in a new action. FURTHER ORD Clerk shall send P 2 copies IFP and 1983 forms w instructions, and copy of papers P submitted. ( Mailed to P 6/6/2012. ) Signed by Judge Larry R. Hicks on 6/5/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROBERT SPAHR,
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Plaintiff,

3:12-cv-00231-LRH-WGC

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vs.
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ORDER
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RAMSEY, et al.
Defendants.

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Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma pauperis

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seeking to initiate a civil rights action.

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Plaintiff has not submitted a proper application to proceed in forma pauperis. Under Local Rule

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LSR 1-1, a plaintiff must submit an application on the Court’s required form. Plaintiff did not submit

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the application on the Court’s required form but instead used what appears to be a Nevada state court

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form.

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It does not appear from the allegations of the complaint that a dismissal without prejudice of this
improperly-commenced action would result in a promptly-filed new action being time-barred.
IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is
DENIED without prejudice.

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IT FURTHER IS ORDERED that this action is DISMISSED without prejudice to the filing of

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a new complaint in a new action together with either the required $350.00 filing fee or a properly

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completed new application to proceed in forma pauperis on the proper form and with all required, and

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new, attachments.

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IT FURTHER IS ORDERED that the Clerk shall send plaintiff two copies each of an in forma

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pauperis application form for a prisoner and a § 1983 complaint form, one copy of the instructions for

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each form, and one copy of the papers that plaintiff submitted in this action.

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The Clerk of Court shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED this 5th day of June, 2012.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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