Reberger v. Byrne et al

Filing 11

ORDER If Plaintiff wishes to pursue this action, he will submit a complaint to this Court on or before Friday, March 24, 2017. Clerk shall send to Plaintiff the approved form for filing a 42 U.S.C. § 1983 complaint, instructions for the s ame, and a copy of his motion for temporary restraining order (ECF No. 1-1). (Mailed to P 3/6/2016.) If Plaintiff wishes to pursue this action, he will pay the $400.00 filing fee on or before Friday, March 24, 2017. Clerk shall l send Plaintif f two (2) copies of this order. (Mailed to P 3/6/2016.) Plaintiff shall arrange to have one (1) copy of this order attached to the check paying the filing fee. If Plaintiff does not file a complaint and pay the full $400.00 filing fee on or before Friday, March 24, 2017, this action will be dismissed without prejudice. No extensions will be granted Signed by Judge Miranda M. Du on 3/6/2017. (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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***

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LANCE REBERGER,

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Case No. 3:15-cv-00143-MMD-VPC
Plaintiff,

ORDER

v.
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MICHAEL BYRNE et al.,
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Defendants.
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On March 16, 2015, this Court entered an order denying Plaintiff’s application to

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proceed in forma pauperis because Plaintiff had three strikes pursuant to 28 U.S.C. §

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1915(g) and had not established imminent danger of serious physical injury at the time of

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filing his motion for temporary restraining order. (ECF No. 3.) The Court ordered Plaintiff

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to file a complaint and pay the filing fee within (30) days of that order. (Id. at 3.) On March

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27, 2015, Plaintiff filed a notice of appeal. (ECF No. 5.) On February 27, 2017, the U.S.

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Court of Appeals for the Ninth Circuit dismissed Plaintiff’s appeal. (ECF No. 9.)

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This Court now directs Plaintiff to comply with this Court’s March 16, 2015, order.

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If Plaintiff wishes to pursue this action, he will submit a complaint to this Court on or before

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Friday, March 24, 2017. Additionally, if Plaintiff wishes to pursue this action, he will pay

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the $400 filing fee in full on or before Friday, March 24, 2017.

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For the foregoing reasons, it is ordered that, if Plaintiff wishes to pursue this action,
he will submit a complaint to this Court on or before Friday, March 24, 2017.

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It is further ordered that the Clerk of the Court will send to Plaintiff the approved

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form for filing a 42 U.S.C. § 1983 complaint, instructions for the same, and a copy of his

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motion for temporary restraining order (ECF No. 1-1).

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It is further ordered that, if Plaintiff wishes to pursue this action, he will pay the
$400.00 filing fee on or before Friday, March 24, 2017.

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It is further ordered that the Clerk of the Court will send Plaintiff two (2) copies of

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this order. Plaintiff will make the necessary arrangements to have one (1) copy of this

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order attached to the check paying the filing fee.

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It is further ordered that, if Plaintiff does not file a complaint and pay the full $400.00

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filing fee on or before Friday, March 24, 2017, this action will be dismissed without

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prejudice. No extensions will be granted.

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DATED THIS 6th day of March 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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