Conners v. Baker et al

Filing 10

ORDER granting in part 9 Motion for District Judge to Reconsider Order; reinstating this action; vacating 3 Order and 4 Judgment; and denying 8 Motion/Application for Leave to Proceed in forma pauperis. P ayment of filing fees due within 30 days. Clerk shall send petitioner two copies of this order (mailed 2/12/16). Petitioner to make arrangements to have one copy attached to filing fee. Signed by Judge Robert C. Jones on 2/12/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DARRELL CONNERS,

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Petitioner,

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vs.

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Case No. 3:15-cv-00372-RCJ-VPC

RENEE BAKER, et al.,

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ORDER

Respondents.

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The court dismissed this action because petitioner did not pay the filing fee or file an

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application to proceed in forma pauperis when he commenced this action. Order (#3). Petitioner has

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filed an application to proceed in forma pauperis (#8) and a motion to reconsider appointment of

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counsel (#9). Petitioner has demonstrated that he tried to pay the filing fee and to file an application

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to proceed in forma pauperis when he commenced this action but that the court never received

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either. The court will reinstate this action. The application (#8) shows that petitioner has sufficient

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funds and frequent deposits to his inmate account, so he will be able to pay the filing fee.

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IT IS THEREFORE ORDERED that petitioner’s motion to reconsider appointment of

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counsel (#9) is GRANTED in part. This action is REINSTATED. The order (#3) and judgment

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(#4) dismissing this action are VACATED.

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IT IS FURTHER ORDERED that the application to proceed in forma pauperis (#8) is

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DENIED. Petitioner shall have thirty (30) days from the date that this order is entered to have the

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filing fee of five dollars ($5.00) sent to the clerk of the court. Failure to comply will result in the

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dismissal of this action.

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IT IS FURTHER ORDERED that the clerk of the court shall send petitioner two copies of

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this order. Petitioner is ordered to make the necessary arrangements to have one copy of this order

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attached to the check paying the filing fee.

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Dated:
DATED: This 12th day of February, 2016.

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_________________________________
ROBERT C. JONES
United States District Judge

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