Smith v. Homes et al

Filing 3

ORDER DENYING without prejudice Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk shall send to plaintiff a form and instruction for filing an application to proceed in forma pauperis (mailed 6/11/2013). Plai ntiff shall have 30 days from the entry of this Order to file a complete in forma pauperis application, including the financial affidavit and account records. Failure to timely file the application or pay the full $350 filing fee may result in this action being dismissed. Signed by Magistrate Judge William G. Cobb on 06/10/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILLIE SMITH,

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Plaintiff,

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vs.

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HOMES, et al.,

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Defendants.

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3:13-cv-00202-MMD-WGC
ORDER

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Willie Smith, a Nevada inmate incarcerated at Ely State Prison, submitted a pro se Civil

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Rights Complaint (received April 19, 2013), but has not paid the required filing fee of $350 or filed a

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complete application to proceed in forma pauperis. Plaintiff has failed to include the required

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financial certificate signed by an authorized prison official or copies of his prison accounts as

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required by Local Rules of Special Proceedings, rule 1-2.. See also 28 U.S.C. § 1915 (a)(2).

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However, plaintiff will be given an opportunity to filed a complete application or pay the filing fee.

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IT IS THEREFORE ORDERED that plaintiff’s application to proceed in forma pauperis

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(ECF No. 1) is DENIED without prejudice. The Clerk shall send to plaintiff a form and instruction

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for filing an application to proceed in forma pauperis.

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IT IS FURTHER ORDERED that plaintiff shall have thirty days from the entry of this

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Order to file a complete in forma pauperis application, including the financial affidavit and account

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records. Failure to timely file the application or pay the full $350 filing fee may result in this action

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being dismissed.

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Dated, this ___ day of June, 2013.

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UNITED STATES MAGISTRATE JUDGE

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