Howard v. State of Nevada Ex Rel et al

Filing 11

ORDER that the Motion/Application for Leave to Proceed in forma pauperis ECF No. 1 is DENIED as moot; Clerk directed to SEND instructions and approved form application to proceed in forma pauperis by a non-prisoner (mailed to P on 3/8/2019); Plaintiff to either file a fully complete application or pay full filing fee of $400 by 4/7/2019; failure to timely comply with order, may result in dismissal of action. Signed by Magistrate Judge William G. Cobb on 3/8/2019. (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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DENNIS HOWARD,

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Case No. 3:17-cv-00211-MMD-WGC
Plaintiff,

ORDER

v.
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STATE OF NEVADA, et al.,
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Defendants.
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I.

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DISCUSSION
This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by

an individual who has been released from the custody of the Nevada Department of
Corrections. Plaintiff submitted an application to proceed in forma pauperis for prisoners.
(ECF No. 1). The Court now directs Plaintiff to file an application to proceed in forma
pauperis by a non-prisoner within thirty (30) days from the date of this order or pay the
full filing fee of $400. The Court will retain Plaintiff’s first amended complaint (ECF No.
7), but will not screen it until the matter of the payment of the filing fee is resolved.
II.

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

in forma pauperis for prisoners (ECF No. 1) is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the
approved form application to proceed in forma pauperis by a non-prisoner, as well as the
document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,
Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for
non-prisoners; or (2) pay the full filing fee of $400.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action with prejudice may result.

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DATED: March 8, 2019.
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UNITED STATES MAGISTRATE JUDGE
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