Fernandez v. Baca et al

Filing 6

ORDER granting in part ECF No. 4 Motion to Extend Time. Plaintiff shall either: (1) pay the full $400 filing fee, or (2) file a motion for reconsideration by 6/2/2017; granting ECF No. 5 Motion for a copy of an ord er. Clerk directed to send Plaintiff a courtesy copy of ECF No. 3 in Fernandez v. Bannister, 3:13-cv-00412-MMD-VPC (mailed copy on 05/01/2017). Signed by Magistrate Judge William G. Cobb on 05/01/2017. (Copies have been distributed pursuant to the NEF - KW)

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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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ISIDRO BACA et al.,
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Defendants.
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___________________________________ )

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I.

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KEVIN FERNANDEZ,

3:16-cv-00350-RCJ-WGC
ORDER

DISCUSSION

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On April 18, 2017, the Court denied Plaintiff’s application to proceed in forma pauperis

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because the Court found that Plaintiff had three strikes pursuant to 28 U.S.C. § 1915(g). (ECF

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No. 3 at 1-2). The Court directed Plaintiff to pay the full filing fee within thirty (30) days of that

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order and warned that failure to comply would result in dismissal without prejudice. (Id. at 2).

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In response, Plaintiff has filed a motion to extend time to pay the filing fee. (ECF No.

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4 at 1). Plaintiff intends to file a motion for reconsideration because the cases cited to by the

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district court are not strikes. (Id.) Specifically, Plaintiff seeks an enlargement of time for thirty

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(30) days past the resolution of his motion for reconsideration. (Id.) The Court grants

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Plaintiff’s motion for an extension of time in part. Plaintiff shall either pay the full filing fee for

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this case or file his motion for reconsideration on or before Friday, June 2, 2017.
The Court further grants Plaintiff’s motion for a copy of the order that the district court

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held was a strike in case 3:13-cv-412-MMD-VPC. (ECF No. 5).

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the motion for extension of time

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(ECF No. 4) is granted in part. On or before Friday, June 2, 2017, Plaintiff shall either: (1) pay
the full $400 filing fee for a civil action, or (2) file a motion for reconsideration. If Plaintiff files

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a motion for reconsideration, the Court shall issue a decision on the motion and identify any

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further deadlines regarding the filing fee.

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IT IS FURTHER ORDERED that if Plaintiff fails to timely comply with this order, the
Court shall dismiss this case without prejudice.

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IT IS FURTHER ORDERED that the motion for a copy of an order (ECF No. 5) is

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granted. The Clerk of the Court shall send Plaintiff a courtesy copy of ECF No. 3 in

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Fernandez v. Bannister, 3:13-cv-00412-MMD-VPC.

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DATED: May 1, 2017.

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_________________________________
United States Magistrate Judge

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