Giesbrecht v. Haley

Filing 3

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis. Clerk shall send plaintiff IFP application form with instructions (sent 7/9/14). Fully complete IFP application or payment of filing fees 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 7/9/14. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

13

)
)
Plaintiff,
)
)
v.
)
)
MIKE HALEY,
)
)
Defendant.
)
)
___________________________________ )

14

I.

8
9
10
11
12

MICHAEL GIESBRECHT,

3:14-cv-00356-MMD-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 and has filed an application to

17

proceed in forma pauperis. (ECF No. 1, 1-1).

18

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

19

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

20

forma pauperis and attach both an inmate account statement for the past six months and a

21

properly executed financial certificate. Plaintiff has not signed the declaration under penalty

22

of perjury on page 3 of the application but has submitted a financial certificate and an inmate

23

account statement. (See ECF No. 1 at 3). As such, the in forma pauperis application is

24

denied without prejudice. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1),

25

but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be

26

granted an opportunity to cure the deficiencies of his application to proceed in forma pauperis,

27

or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new

28

application to proceed in forma pauperis he must file a fully complete application to proceed

1

in forma pauperis.

2

II.

3
4

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.

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12
13
14
15

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.

16
17

DATED: This 9th day of July, 2014.

18
19

_________________________________
United States Magistrate Judge

20
21
22
23
24
25
26
27
28
2