Brian v. Windmill Ridge, LLC

Filing 4

ORDER granting 1 Application for Leave to Proceed IFP. Plaintiff to file a complaint within 30 days (due by 11/29/2013.) Signed by Magistrate Judge William G. Cobb on 10/30/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RACHEL A. BRIAN,
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Plaintiff,
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vs.
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WINDMILL RIDGE, LLC.
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Defendant.
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3:13-cv-00197-MMD-WGC
ORDER

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Before the court is Plaintiff’s application to proceed in forma pauperis. (Doc. # 1.)1

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A person may be granted permission to proceed in forma pauperis if the person “submits an

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affidavit that includes a statement of all assets such [person] possesses [and] that the person is unable

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to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or

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appeal and affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1). “‘[T]he

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supporting affidavits [must] state the facts as to the affiant’s poverty with some particularity,

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definiteness, and certainty.’” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (per curiam)

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(citing Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)). The litigant need not “be

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absolutely destitute to enjoy the benefits of the statute.” Adkins v. E.I. du Pont De Nemours & Co., 335

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U.S. 331, 339 (1948).

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A review of Plaintiff’s financial affidavit reveals that she is unable to pay the filing fee. As a

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result, Plaintiff’s application to proceed in forma pauperis (Doc. # 1) is GRANTED. However, the

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court notes that Plaintiff has not filed a complaint. Plaintiff has thirty days from the date of this Order

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Refers to court’s docket number.

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to file her complaint. Once a complaint is filed, it will need to be screened pursuant to 28 U.S.C. §

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1915(e)(2)(B). This provision applies to all actions filed in forma pauperis, whether or not the plaintiff

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is incarcerated. See Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc); see also Calhoun

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v. Stahl, 254 F.3d 845 (9th Cir. 2001) (per curiam).

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CONCLUSION

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(1) Plaintiff’s application to proceed in forma pauperis (Doc. # 1) is GRANTED. The movant

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herein is permitted to maintain this action without the necessity of prepayment of fees or costs or the

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giving of security therefor. This order granting in forma pauperis status does not extend to the issuance

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of subpoenas at government expense.

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(2) Once a complaint is filed, it will be screened by the court pursuant to 28 U.S.C. §

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1915(e)(2)(B). After screening, the court will address the issue of service.

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IT IS SO ORDERED.

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DATED: October 30, 2013.

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___________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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