McDaniel v. Ely State Prison et al

Filing 4

ORDER denying without prejudice ECF No. 2 IFP Application; directing Clerk to send Plaintiff IFP form and instructions (mailed 5/19/2016); directing Plaintiff within 30 days to either file a fully complete IFP application or pay the $400 filing fee; directing Clerk to retain ECF No. 2 -1 complaint but not file it at this time. Signed by Magistrate Judge William G. Cobb on 5/19/2016. (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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ELY STATE PRISON et al.,
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Defendants.
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___________________________________ )

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I.

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JAMES R. MCDANIEL, JR.,

3:16-cv-00259-MMD-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. (ECF No. 2, 2-1).

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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 the financial certificate page

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on page 4 of the application to proceed in forma pauperis. (See ECF No. 2). As such, the in

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forma pauperis application is denied without prejudice. The Court will retain Plaintiff’s civil

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rights complaint (ECF No. 2-1), but will not file it until the matter of the payment of the filing fee

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is resolved. Plaintiff will be granted an opportunity to cure the deficiencies of his application

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to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If

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Plaintiff chooses to file a new application to proceed in forma pauperis he must file a fully

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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. 2) 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 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. 2-1), but shall not file it at this time.

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DATED: This 19th day of May, 2016.

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_________________________________
United States Magistrate Judge

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