Dean v. Palmer

Filing 33

ORDER. Application to Proceed IFP 17 is granted. No initial partial filing fee required. Monthly payments due until filing fee paid (copy of order sent via NEF to finance and via USPS to Chief of Inmate Services). This action shall be dismissed without prejudice for failure to state a claim. Clerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 8/4/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TRAVIS REMAUL DEAN,
#32082,

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3:12-cv-00658-LRH-WGC
Plaintiff,

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vs.
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ORDER
JACK PALMER, et al.,
Defendants.

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Plaintiff has not filed an amended complaint within the time allowed. The prior order dismissed

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the complaint, as amended, without prejudice with leave to amend. The order informed plaintiff that

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if he did not timely file an amended complaint, final judgment would be entered without further advance

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notice dismissing the action.

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IT THEREFORE IS ORDERED that the application (#17) to proceed in forma pauperis is

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GRANTED, subject to the remaining provisions herein. Plaintiff shall not be required to pay an initial

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partial filing fee. However, even if this action is dismissed, the full filing fee still must be paid pursuant

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to 28 U.S.C. § 1915(b)(2).

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IT FURTHER IS ORDERED that plaintiff is permitted to maintain this action to a conclusion

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without the necessity of prepayment of any additional fees or costs or the giving of security therefor.

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This order granting in forma pauperis status shall not extend to the issuance of subpoenas at

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government expense.

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IT FURTHER IS ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department

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of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the

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preceding month's deposits to plaintiff's account (in the months that the account exceeds $10.00) until

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the full filing fee has been paid for this action. The Clerk shall SEND a copy of this order to the

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Finance Division of the Clerk's Office. The Clerk shall also SEND a copy of this order to the attention

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of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011, Carson

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City, NV 89702.

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IT FURTHER IS ORDERED that this action shall be DISMISSED without prejudice for failure
to state a claim upon which relief may be granted.
The Clerk of Court shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED this 4th day of August, 2014.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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