Lunford v. Cox et al

Filing 5

ORDER - The 1 application to proceed IFP is DENIED. This action shall be DISMISSED without prejudice to the filing of a new complaint on the required form in a new action together with either a new pauper application with all required, and new, a ttachments or payment of the $350 filing fee. The Clerk shall SEND plaintiff a copy of the papers that he filed along with thecomplaint and pauper forms and instructions for both forms (mailed 9/17/2013). The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Chief Judge Robert C. Jones on 09/16/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DARREN A. LUNFORD,
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Plaintiff,

3:13-cv-00375-RCJ-VPC

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vs.
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ORDER
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GREG COX, et al.,

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Defendants.

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Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma
pauperis seeking to initiate a civil rights action.

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The pauper application is incomplete. Both a financial certificate properly completed

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and executed by an authorized institutional officer and a statement of the plaintiff’s inmate

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trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and LSR1-2

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of the local rules. Plaintiff did not attach a financial certificate executed by an authorized

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institutional officer.

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It does not appear from review of the allegations presented that a dismissal without

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prejudice of the present improperly-commenced action would lead to a promptly-filed new

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action being untimely. The earliest operative facts allegedly occurred in August 2, 2012, and

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a two-year limitations period is applicable to civil rights actions arising out of Nevada.

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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1)

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is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new

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complaint on the required form in a new action together with either a new pauper application

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with all required, and new, attachments or payment of the $350.00 filing fee.

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The Clerk of Court shall SEND plaintiff a copy of the papers that he filed along with the
complaint and pauper forms and instructions for both forms.1
The Clerk shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED: This 16th day of September, 2013.

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___________________________________
ROBERT C. JONES
Chief United States District Judge

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When plaintiff files a new action, he should note that exhibits are not to be filed into the record
unless and until necessary to oppose a dispositive motion such as a motion for summary judgment. Once a
plaintiff instead has filed originals as exhibits improperly, the originals become part of the suit record and
may not be returned.

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