Henderson v. Toole et al

Filing 3

ORDERED that # 1 IFP application is DENIED without prejudice to file a new application. FURTHER ORD that the Clerk of the Court SHALL SEND Plaintiff the approved IFP form and instructions. (Mailed 6/10/2014.) FURTHER ORD that by 7/10/2014 Plainti ff shall either: (1) file a fully complete IFP Application, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full filing fee of $400. FURTHER ORD that Plaintiff shall submit a complaint to this Court by 7/10/2014. FURTHER ORD that the lerk of the Court shall send to Plaintiff the approved 1983 and instructions. (Mailed 6/10/2014.) FURTHER ORD that if Plaintiff does not timely comply with this order, dismissal of this action may result. FURTHER ORD that decisions on laintiff's remaining motions (ECF No. 1-1, 1-2, 1-3, 1-4) are deferred. Signed by Magistrate Judge William G. Cobb on 6/10/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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ROBERT TOOLE et al.,
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Defendants.
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___________________________________ )

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I.

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KEITH HENDERSON,

3:14-cv-00298-RCJ-WGC
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Georgia Department of Corrections, has

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filed an application to proceed in forma pauperis, a motion for prospective relief, a notice of

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appeal, an order of precedents, and an affidavit of notary presentment. (ECF No. 1, 1-1, 1-2,

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1-3, 1-4).

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Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to 28 U.S.C.

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§ 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in

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forma pauperis on this Court’s approved form and attach both an inmate account statement

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for the past six months and a properly executed financial certificate. Plaintiff has not submitted

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an in forma pauperis application on this Court’s approved form and has not submitted a

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financial certificate or an inmate account statement. (See ECF No. 1). As such, the in forma

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pauperis application is denied without prejudice. Plaintiff will be granted an opportunity to cure

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the deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the

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full filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma

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pauperis he must file a fully complete application to proceed in forma pauperis.
Additionally, Plaintiff has not filed a complaint in this matter. Pursuant to Federal Rule

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of Civil Procedure 3, “[a] civil action is commenced by filing a complaint with the court.” Fed.

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R. Civ. P. 3. As such, the Court grants Plaintiff thirty (30) days from the date of this order to

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submit a complaint to this Court.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

forma pauperis (ECF No. 1) is DENIED without prejudice to file a new application.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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approved form application to proceed in forma pauperis by a prisoner, as well as the document

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entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

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Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the

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correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or

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(2) pay the full filing fee of $400.

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IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court within
thirty (30) days of the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the
approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.
IT IS FURTHER ORDERED that decisions on Plaintiff’s remaining motions (ECF No.
1-1, 1-2, 1-3, 1-4) are deferred.

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DATED: This 10th day of June, 2014.

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_________________________________
United States Magistrate Judge

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