Dean v. Palmer

Filing 4

ORDER DISMISSING CASE. Clerk shall send plaintiff approved forms for filing civil rights lawsuits and application to proceed IFP with instructions (forms sent 1/28/13). Clerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 1/28/13. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 TRAVIS REMAUL DEAN, #32082 10 Plaintiff, 11 vs. 12 JACK PALMER, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) / 3:12-cv-00658-LRH-WGC ORDER 15 On December 17, 2012, the court received an application to proceed in forma pauperis as well 16 as some “exhibits,” which appear to pertain to a civil rights action that plaintiff filed in state court (ECF 17 #1). Such documents are insufficient to initiate an action in this court. A civil rights complaint (or a 18 petition for a writ of habeas corpus) must be on the court-approved form and must be accompanied by 19 either the full filing fee or a fully completed application to proceed in forma pauperis. LSR 2-1(“[a] 20 civil rights complaint filed by a person who is not represented by counsel shall be on the form provided 21 by this court.”). 22 Accordingly, plaintiff’s action is dismissed without prejudice. If plaintiff wishes to pursue this 23 matter, he should file a new action on this court’s civil rights complaint form, with a new case number, 24 along with either the $350 filing fee or a completed application to proceed in forma pauperis on the 25 court-approved form. The application must be accompanied by all required financial documentation, 26 as described in the instructions for use of the form. 27 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. 28 IT IS FURTHER ORDERED that the Clerk SHALL SEND plaintiff the approved forms for 1 filing a civil rights lawsuits under 42 U.S.C. §1983 and an Application to Proceed In Forma Pauperis 2 by a prisoner, as well as the document “Information and Instructions for Filing a Motion to Proceed In 3 Forma Pauperis.” 4 5 IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. 6 7 DATED this 28th day of January, 2013. 8 9 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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