Melvin v. Haley et al

Filing 3

ORDER - The 1 Application to proceed in forma pauperis is DENIED and this action is DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED. The Clerk shall send plaintiff two copies of in forma pauperis application for a prisoner, one copy of instructions for same, two copies of a 42 USC § 1983 prisoner civil rights form, and one copy of instructions for same. The Clerk shall also send plaintiff a copy of the complaint and all documents submitted in this action at 1 . Plaintiff may file a new complaint and in forma pauperis application in a new action, but he may not file further documents in this action. The Clerk of the Court shall enter judgment accordingly. This Court CERTIFIES that any in forma pauperis appeal from this order would not be taken "in good faith" pursuant to 28 USC § 1915(a)(3).Signed by Judge Miranda M. Du on 05/24/2013. (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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***

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STANLEY MELVIN,

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Case No. 3:13-cv-00247-MMD-VPC
Plaintiff,

ORDER

v.
SHERIFF MICHAEL HALEY, et al.,
Defendants.

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This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by

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an inmate. Plaintiff has submitted a complaint and seeks leave to proceed in forma

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pauperis. (Dkt. no. 1.) This matter has not been properly commenced because plaintiff

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submitted incomplete financial paperwork. Under 28 U.S.C. § 1915(a)(2) and Local

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Rule LSR 1-2, plaintiff must attach both an inmate account statement for the past six (6)

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months and a properly executed financial certificate. Plaintiff has failed to submit an

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inmate account statement for the past six (6) months. Without the complete printout

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showing daily account activity over the full six-month period, the Court is unable to

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assess whether the current balance on the financial certificate is representative of

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petitioner’s ability to pay. The Court is unable to see, inter alia, the regularity and

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amount of any incoming funds as well as the extent to which petitioner is making

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discretionary expenditures that instead could be applied to payment of the filing fee.

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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis

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(dkt. no. 1) is DENIED and that this action is DISMISSED WITHOUT PREJUDICE

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to the filing of a new complaint in a new action with a properly completed pauper
application with all new and complete financial attachments in compliance with 28
U.S.C. § 1915(a).

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IT FURTHER IS ORDERED that all pending motions are DENIED.

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IT FURTHER IS ORDERED that the Clerk of the Court shall send plaintiff two (2)
copies of an in forma pauperis application form for a prisoner, one (1) copy of the
instructions for same, two (2) copies of a blank 42 U.S.C. § 1983 prisoner civil rights
form, and one (1) copy of instructions for the same. The Clerk shall also send plaintiff a
copy of the complaint and all documents submitted in this action, at dkt. no. 1.

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IT IS FURTHER ORDERED that plaintiff may file a new complaint and in forma
pauperis application in a new action, but he may not file further documents in this
action.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.
IT IS FURTHER ORDERED that this Court CERTIFIES that any in forma
pauperis appeal from this order would not be taken “in good faith” pursuant to 28 U.S.C.
§ 1915(a)(3).

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DATED THIS 24th day of May 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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