Tragale v. Cox et al

Filing 4

ORDERClerk shall detach and file complaint 1 -1. This action is DISMISSED without prejudice. Clerk shall send plaintiff approved forms for filing civil rights lawsuit and IFP application with instructions (forms sent 6/17/13). Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 6/17/13. (Copies have been distributed pursuant to the NEF - JC) Modified on 6/17/2013 (JC).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PHILIP TRAGALE,
Plaintiff,

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Case No. 3:13-cv-00233-MMD-WGC
ORDER

v.
JAMES G. COX, et al.,
Defendants.

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Plaintiff has submitted a pro se civil rights complaint. However, his application to

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proceed in forma pauperis is incomplete; he has failed to include the financial certificate

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signed by an authorized officer as well as his institutional account statement. See 28

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U.S.C. § 1915(a)(1)-(2); Local Rules of Special Proceedings 1-1, 1-2. Moreover, the

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Local Rules require plaintiffs appearing in pro se, such as this plaintiff, to file all of their

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complaints and petitions on the court’s approved forms.

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complaint filed by a person who is not represented by counsel shall be on the form

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provided by this court.”). Accordingly, plaintiff’s action is dismissed without prejudice. If

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plaintiff wishes to pursue this matter, he should file a new action, with a new case

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number, along with either the $350 filing fee or a completed application to proceed in

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forma pauperis on the court-approved form. The application must be accompanied by

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all required financial documentation, including the institutional account statement, as

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described in the instructions for use of the form.

LSR 2-1(“[a] civil rights

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Finally, the Court notes that plaintiff has listed as plaintiffs himself and “all past

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and present inmates of Northern Nevada Correctional Center.” Pro se litigants have the

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right to plead and conduct their own cases personally. See 28 U.S.C. § 1654. However,

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pro se litigants have no authority to represent anyone other than themselves. See Cato

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v. United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v.

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United States, 818 F.2d 696, 697 (9th Cir. 1987); Church of the New Testament v.

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United States, 783 F.2d 771, 773 (9th Cir. 1986); McShane v. United States, 366 F.2d

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286, 288 (9th Cir. 1966); see Local Rule 83-183 (parties may not delegate their rights to

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a non-attorney).

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IT IS THEREFORE ORDERED that the Clerk shall detach and file the complaint
(dkt. no. 1-1).

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IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.

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IT IS FURTHER ORDERED that the Clerk shall send plaintiff the approved forms

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for filing a civil rights lawsuit under 42 U.S.C. §1983, an Application to Proceed In

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Forma Pauperis by a prisoner, as well as the document “Information and Instructions for

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Filing a Motion to Proceed In Forma Pauperis.”

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.
DATED THIS 17th day of June 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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