Meredith v. Flores

Filing 3

ORDER Clerk shall send Plaintiff IFP form with instructions (mailed 6/26/14). Fully complete IFP application or filing fee due within 30 days. Clerk shall retain complaint 1 -1, but shall not file it at this time. Signed by Magistrate Judge William G. Cobb on 6/26/14. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 13 ) ) Plaintiff, ) ) v. ) ) R. FLORES, ) ) Defendant. ) ) ___________________________________ ) 14 I. 8 9 10 11 12 ALLEN S. MEREDITH, 3:14-cv-00314-RCJ-WGC ORDER DISCUSSION 15 Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections, has 16 submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 but has not filed an application 17 to proceed in forma pauperis or paid the full filing fee. (ECF No. 1, 1-1). 18 Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an 19 application to proceed in forma pauperis and attach both an inmate account statement for the 20 past six months and a properly executed financial certificate. The Court will retain Plaintiff’s 21 civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the 22 filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed 23 in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses 24 to file an application to proceed in forma pauperis, he must file a fully complete application to 25 proceed in forma pauperis. 26 II. CONCLUSION 27 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND 28 Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as 1 the document entitled information and instructions for filing an in forma pauperis application. 2 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 3 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the 4 correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or 5 (2) pay the full filing fee of $400. 6 7 8 9 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 the Clerk of the Court shall retain the complaint (ECF No. 1-1), but shall not file it at this time. 10 11 DATED: This 26th day of June, 2014. 12 13 _________________________________ United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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