Hosmer v. Laxalt et al

Filing 3

ORDER directing Clerk to send Plaintiff 1983 form, IFP form, and instructions for both (mailed 9/22/2015); directing Plaintiff within 30 days to either file complete IFP application or pay full $400 filing fee; directing Plaintiff within 30 days to file a civil rights complaint; directing Clerk to retain the initiating documents but not file them at this time. Signed by Magistrate Judge William G. Cobb on 9/22/2015. (Copies have been distributed pursuant to the NEF - KR)

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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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ADAM PAUL LAXALT, et al.,
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Defendants.
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___________________________________ )

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I.

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JEFFREY S. HOSMER,

Case no: 3:15-cv-00456-RCJ-WGC

ORDER

DISCUSSION

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

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(“NDOC”), has initiated a civil right action by filing a motion for emergency injunction (ECF No.

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1-1, a motion for temporary restraining Order (ECF No. 1-2), a motion for emergency medical

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treatment (ECF No. 1-3) and a lengthy motion for order to show cause (ECF No. 1-4). Plaintiff,

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however, has not filed a complaint in this matter. Plaintiff has also neither paid the full filing fee

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for this matter nor filed an application to proceed in forma pauperis.

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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing

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a complaint with the court.” Fed. R. Civ. P. 3. Accordingly, the Court grants Plaintiff thirty (30)

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days from the date of this order to submit a civil rights complaint to this Court.

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Additionally, pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must

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complete an application to proceed in forma pauperis and attach both an inmate account

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statement for the past six months and a properly executed financial certificate.

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The Court will retain Plaintiff’s initiating documents which have been docketed as a civil

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rights matter (ECF No. 1-1 through 1-4), until Plaintiff has submitted his civil rights complaint

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and the matter of the payment of the filing fee is resolved. Plaintiff will be granted an

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opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full

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filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis,

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

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II.

CONCLUSION

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For the foregoing reasons, IT IS HEREBY ORDERED as follows:

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(1) The Clerk of the Court SHALL SEND Plaintiff the approved form for filing a

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42 U.S.C. § 1983 complaint and instructions for the same.

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(2) The Clerk of the Court SHALL SEND Plaintiff the approved form application to

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proceed in forma pauperis by a prisoner, as well as the document entitled information and

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instructions for filing an in forma pauperis application.

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(3) Within thirty (30) days from the date of this order, Plaintiff shall either: (a) file a fully

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complete application to proceed in forma pauperis, on the correct form with complete financial

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attachments in compliance with 28 U.S.C. § 1915(a); or (b) pay the full $400 fee for filing a civil

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action (which includes the $350 filing fee and the $50 administrative fee).

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(4) Also within thirty (30) days of the date of this order, Plaintiff shall submit a civil
rights complaint to this Court.

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(5) If Plaintiff does not timely comply with this order, dismissal of this action may result.

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(6) The Clerk of the Court shall retain the initiating documents (ECF No. 1-1 through

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1-4), but shall not file them at this time.
DATED: This 22nd day of September, 2015.

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_________________________________
United States Magistrate Judge

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