Hosmer v. Laxalt et al

Filing 9

ORDER - # 5 IFP Application is DENIED without prejudice to file a new application. Clerk SHALL SEND P IFP form with instructions. ( Mailed to P 10/20/2015. ) The # 6 Motion granted to the extended described herein. Completed IFP or $400 filing fee due by 11/19/2015. Clerk shall retain the complaint but not file it at this time. Signed by Magistrate Judge William G. Cobb on 10/20/2015. (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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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,

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, has

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submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed an application to

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proceed in forma pauperis and a motion for enlargement of time. (ECF No. 4, 5, 6).

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

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

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

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properly executed financial certificate. Plaintiff has not submitted a financial certificate.1 (See

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ECF No. 5). As such, the in forma pauperis application is denied without prejudice. The Court

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will retain Plaintiff’s civil rights complaint (ECF No. 4), but will not file it until the matter of the

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payment of the filing fee is resolved. Plaintiff will be granted an opportunity to cure the

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deficiencies of his 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 a new application to proceed in forma

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

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In his motion for an enlargement of time, Plaintiff seeks an extension of time to file
his properly executed financial certificate because prison officials told Plaintiff that it would
take 21 days for return. (ECF No. 6 at 3). The Court grants the motion for an extension of
time to file a fully complete application to proceed in forma pauperis.

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II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in

forma pauperis (ECF No. 5) is DENIED without prejudice to file a new application.

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

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

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

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IT IS FURTHER ORDERED that the motion for enlargement of time (ECF No. 6) is
granted to the extent described below.

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

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

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

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(2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50

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administrative fee).

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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. 4), but shall not file it at this time.

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DATED: This working on an order 20th day of October, 2015.

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_________________________________
United States Magistrate Judge

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