Almy v. Adams

Filing 35

ORDERED that the miscellaneous motions (ECF Nos. 25 , 26 , 27 ) are denied as moot. Clerk shall send Plaintiff a courtesy copy of the Court's screening order (ECF No. 17 ) and all subsequent attachments discussed in that screening order. ( ECF No. 17 NEF Screening Order and attachments regenerated on 5/23/2017 for electronic distribution to P via NNCC law library.) Plaintiff shall either file an updated IFP application, or pay the remaining $50 administrative fee by 6/22/2017. If Plaintiff fails to timely file an updated IFP application or pay the remaining $50 fee, the Court will dismiss this case without prejudice. Second amended complaint due by 6/22/2017. Signed by Magistrate Judge William G. Cobb on 5/23/2017. (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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Plaintiff,
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v.
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MINOR ADAMS et al.,
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Defendants.
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___________________________________ )

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I.

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KEVIN ALMY,

3:16-cv-00231-MMD-WGC
ORDER

DISCUSSION

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On December 7, 2016, this Court issued a screening order directing Plaintiff to either

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file an updated application to proceed in forma pauperis or to pay the remaining $50

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administrative fee to complete payment for the full filing fee for a civil action. (ECF No. 17 at

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7). The Court also dismissed the amended complaint in its entirety with leave to amend. (Id.)

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On December 12, 2016, Plaintiff filed a notice of appeal. (ECF No. 19, 20). Plaintiff

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also filed a motion to stay his case pending the appeal and two motions related to his appeal

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(ECF No. 25, 26, 27). On May 16, 2017, the U.S. Court of Appeals for the Ninth Circuit

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dismissed the appeal for lack of jurisdiction. (ECF No. 34).

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The Court now denies the motions related to Plaintiff’s appeal (ECF No. 25, 26, 27) as

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moot. The Court directs Plaintiff to comply with this Court’s screening order. As such, within

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thirty (30) days from the date of this order, Plaintiff must either: (1) file an updated application

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

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compliance with 28 U.S.C. § 1915(a); or (2) pay the remaining $50 administrative fee to

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complete payment for the full filing fee for a civil action (which includes the $350 filing fee and

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the $50 administrative fee). Additionally, if Plaintiff chooses to file a second amended
complaint, Plaintiff must file the second amended complaint within thirty (30) days from the

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date of of this order.

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II.

For the foregoing reasons, IT IS ORDERED that the miscellaneous motions (ECF No.

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CONCLUSION

25, 26, 27) are denied as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff a courtesy

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copy of the Court’s screening order (ECF No. 17) and all subsequent attachments discussed

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in that screening order.

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

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Plaintiff must either: (1) file an updated application to proceed in forma pauperis, on the correct

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form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay

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the remaining $50 administrative fee to complete payment for the full filing fee for a civil action

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

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IT IS FURTHER ORDERED that, if Plaintiff fails to timely file an updated application to

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proceed in forma pauperis or pay the remaining $50 administrative fee, the Court will dismiss

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this case without prejudice.

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IT IS FURTHER ORDERED that, if Plaintiff chooses to file a second amended

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complaint curing the deficiencies of his complaint, as outlined in the screening order, Plaintiff

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must file the second amended complaint within thirty (30) days from the date of entry of this

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order.1

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As discussed in the screening order, Plaintiff may have to open several new cases
in order to comply with the screening order. If Plaintiff has to open several new cases, he shall
file an application to proceed in forma pauperis and a complaint for each new case he chooses
to open.
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IT IS FURTHER ORDERED that, if Plaintiff fails to file a second amended complaint

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curing the deficiencies outlined in the screening order, the Court will dismiss this case without

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prejudice.

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23rd
DATED: This _____ day of May, 2017.

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_________________________________
United States Magistrate Judge

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