Dean v. State of Nevada et al

Filing 6

ORDER denying without prejudice ECF No. 4 IFP application; directing Clerk to send Plaintiff IFP form and instructions (attached hereto for transmittal to P); directing Plaintiff within 30 days to either file a fully complete IFP appl ication or pay the $400 filing fee; directing Clerk to retain complaint but not file it at this time; denying as premature ECF No. 5 Motion for U.S. Marshal to Serve Defendants. Signed by Magistrate Judge William G. Cobb on 1/3/2017. (Attachments: # 1 IFP Form, # 2 IFP Instructions) (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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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

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I.

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TRAVIS REMAUL DEAN,

3:16-cv-00753-MMD-WGC
ORDER

DISCUSSION

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On December 27, 2016, this Court issued an order directing Plaintiff to file a fully

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complete application to proceed in forma pauperis or pay the full filing fee of $400. (ECF No. 3

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at 2). On December 30, 2016, Plaintiff filed an application to proceed in forma pauperis.

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(ECF No. 4). However, this application is incomplete.

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Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an

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application to proceed in forma pauperis and attach both an inmate account statement for the

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past six months and a properly executed financial certificate. Plaintiff has not submitted a

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properly executed financial certificate or an inmate account statement. (See ECF No. 4). As

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such, the in forma pauperis application is denied without prejudice. The Court will retain

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Plaintiff’s civil rights complaint (ECF No. 1-1, 1-2, 1-3, 1-4), but will not file it until the matter

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of the payment of the filing fee is resolved. Plaintiff will be granted one final opportunity to

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cure the deficiencies of his application to proceed in forma pauperis, or in the alternative, pay

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the full 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. If Plaintiff files

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another incomplete application to proceed in forma pauperis, the Court will dismiss the case
in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the

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necessary documents to file a complete application to proceed in forma pauperis.

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II.

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

forma pauperis (ECF No. 4) 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’s next application to proceed in forma

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pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a

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new case when he is able to acquire the necessary documents to file a complete application

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to proceed in forma pauperis.

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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. 1-1, 1-2, 1-3, 1-4), but shall not file it at this time.

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IT IS FURTHER ORDERED that the motion for U.S. Marshal to serve defendants (ECF

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No. 5) is denied as premature. The Court will issue an order serving defendants if warranted

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after screening.

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DATED: January 3, 2017.

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_________________________________
United States Magistrate Judge

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