Sanzo v. Cox et al

Filing 7

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis and dismissing action without prejudice to filing new action. Clerk shall send plaintiff copy of papers filed along with complaint and IFP forms with instructions (sent via USPS 10/16/13). Clerk shall enter judgment accordingly. Case terminated. Signed by Chief Judge Robert C. Jones on 10/16/13. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

5
6
7

MICHAEL TODD SANZO,
8
Plaintiff,

3:13-cv-00406-RCJ-WGC

9
vs.
10
ORDER
11
12

JAMES C. COX, et al.,
Defendants.

13
14

Plaintiff, a Nevada state inmate who has been released on parole since commencing

15

this action, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil

16

rights action.

17

The pauper application submitted while in custody was incomplete. Both a financial

18

certificate properly completed and executed by an authorized institutional officer on the

19

required form and a statement of the plaintiff’s inmate trust fund account for the past six

20

months are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. Plaintiff attached a

21

state court financial certificate and a copy of a state district court order on a pauper

22

application in a state court case. He did not attach either a financial certificate on this Court’s

23

required form or a statement of his inmate trust fund account for the prior six months.1

24

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

25

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

26
27
28

1

Plaintiff was assisted by an inmate with extensive prior prison litigation experience in this District.
The submissions presented with the pauper application provide no valid justification for plaintiff not submitting
the required financial materials with the application.

1

action being untimely. The earliest operative facts allegedly occurred in June 2012, and a

2

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

3

it appears that plaintiff has been released from physical custody. He therefore would be able

4

to file a new action that would not be subject to the fee payment requirement and certain

5

other provisions of the Prison Litigation Reform Act. While the allegations of the complaint,

6

if true, would present a potentially viable claim of deliberate indifference to serious medical

7

needs, plaintiff sought only monetary damages in the complaint. Now that plaintiff is out of

8

custody, he may file a new action for such relief, potentially after securing the services of

9

counsel.2

10

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

11

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

12

complaint in a new action together with either a new pauper application or payment of the

13

$350.00 filing fee.

14

IT FURTHER IS ORDERED that all pending motions are DENIED without prejudice.

15

The Clerk of Court shall SEND plaintiff a copy of the papers that he filed along with the

16
17
18

complaint and non-prisoner pauper forms and instructions for both forms.
The Clerk shall enter final judgment accordingly, dismissing this action without
prejudice.
DATED: This 16th day of October, 2013.

19
20
21

___________________________________
ROBERT C. JONES
Chief United States District Judge

22
23
24
25
26
27
2

28

Plaintiff at all times remains responsible for properly commencing a timely action, whether or not
represented by counsel.

-2-