Nevarez v. Baca

Filing 3

ORDER directing Clerk to close case. It is Further Ordered that the Clerk is directed to file ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis and ECF No. 1 -1 Motion for Appointment of Counsel into Case No. 3:16-cv-00676-MMD-VPC. Signed by Magistrate Judge William G. Cobb on 11/29/2016. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

13

)
)
Plaintiff,
)
)
v.
)
)
ISIDRO BACA et al.,
)
)
Defendants.
)
)
___________________________________ )

14

I.

8
9
10
11
12

ARMANDO NEVAREZ,

3:16-cv-00685-MMD-WGC
ORDER

DISCUSSION

15

On November 21, 2016, the Court opened case 3:16-cv-00676-MMD-VPC after

16

receiving an application to proceed in forma pauperis, a prisoner civil rights complaint, and a

17

motion for appointment of counsel from Plaintiff. (See 3:16-cv-00676-MMD-VPC at ECF No.1,

18

1-1, 1-3). Plaintiff’s application to proceed in forma pauperis was incomplete. (ECF No. 1).

19

On November 23, 2016, the Court received two more documents from Plaintiff. (See

20

3:16-cv-00685-MMD-WGC at ECF No. 1, 1-1). First, Plaintiff sent the Court a fully complete

21

application to proceed in forma pauperis. (ECF No. 1). Second, Plaintiff sent the Court a

22

motion for appointment of counsel bearing case number 3:16-cv-00676-MMD-VPC. (ECF No.

23

1-1). The Court docketed both of these documents in a new case, 3:16-cv-00685-MMD-WGC.

24

After reviewing the documents in both cases, the Court believes that it erroneously

25

docketed Plaintiff’s second application to proceed in forma pauperis and second motion for

26

appointment

27

3:16-cv-00685-MMD-WGC. The Court directs the clerk’s office to file the application to

28

proceed in forma pauperis and the motion for appointment of counsel from case

of

counsel

in

a

new

case.

The

Court

3:16-cv-00685-MMD-WGC into case 3:16-cv-00676-MMD-VPC.

now

closes

case

1
2
3

II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court shall close case

3:16-cv-00685-MMD-WGC.

4

IT IS FURTHER ORDERED that the Clerk of the Court shall file the application to

5

proceed in forma pauperis and the motion for appointment of counsel docketed in case

6

3:16-cv-00685-MMD-WGC into case 3:16-cv-00676-MMD-VPC.

7

DATED: November 29, 2016.

8
9
10

_________________________________
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2