Williams v. Foster et al

Filing 3

ORDER denying without prejudice 1 Motion/Application for Leave to Proceed in forma pauperis. This action DISMISSED without prejudice to filing of new complaint in a new action with required fee or proper IFP application. Clerk shall send plainti ff two copies each of IFP application and 1983 complaint form, instructions for each form, and copy of papers submitted in this action (sent 11/20/12). Clerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 11/19/12. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TONY WILLIAMS,

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Plaintiff,
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2:12-cv-00596-LRH-VPC

vs.

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S.L. FOSTER, et al.

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ORDER

Defendants.

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Plaintiff, a Hawaii inmate incarcerated in Nevada, has filed an application (#1) to proceed in
forma pauperis seeking to initiate a civil rights action.

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Plaintiff has not submitted a proper application to proceed in forma pauperis. Under 28 U.S.C.

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§ 1915(a)(2) and Local Rules LSR 1-1 and 1-2, a plaintiff must submit an application on the Court’s

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required form. The plaintiff did not submit the application on the required form.

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It does not appear from review of the allegations presented that a dismissal without prejudice

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would lead to a promptly filed and properly commenced new action being time-barred.

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improperly-commenced action therefore will be dismissed without prejudice.

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This

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

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financial 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 shall enter final judgment accordingly, dismissing this action without prejudice.

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DATED this 19th day of November, 2012.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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