Rimer et al v. Coumou et al

Filing 13

ORDER that Plaintiffs shall have up to and including 06/14/2017 to submit their respectivefinancial certificates or pay the filing fee, or the undersigned will recommend that this action bedismissed without prejudice. Signed by Magistrate Judge William G. Cobb on 05/24/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 STANLEY RIMER, BRIAN O’KEEFE, JOHN ROSKY, RICHARD LANCASTER, ORDER 10 11 12 13 Case No. 3:17-cv-00281-MMD-WGC Plaintiffs, v. LUCINDA COUMOU, et al., Defendants. 14 15 Plaintiffs submitted their pro se complaint on May 2, 2017. (ECF Nos. 1-1 to 1-4.) 16 A notice was entered that no application to proceed in forma pauperis (IFP) or filing fee was 17 received with the initiating documents. (ECF No. 1.) On May 4, 2017, Plaintiffs filed a 18 “Resubmission of IFP with Orders to Proceed [IFP], as Previously Submitted, With Request for 19 Extension of Time to Submit New Financials if Necessary.” (ECF No. 3.) This filing contains 20 applications to proceed in IFP in the United States District Court for the District of Nevada on 21 behalf of each of the four Plaintiffs, but omit the required completed financial certificate 22 indicating their prison account current balance, average monthly balance and average monthly 23 deposits. (ECF No. 3 at 3-6 (Rimer), 8-11 (O’Keefe), 13-15 (Rosky), 17-19 (Lancaster). 24 Plaintiffs attach orders granting them IFP status in State court, the Eleventh Judicial District 25 Court of the State of Nevada in and for the County of Pershing. (ECF No. 3 at 7 (Rimer), 26 12 (O’Keefe), 16 (Rosky), 20 (Lancaster). 27 However, an order granting an application to proceed IFP in State court does not mean 28 IFP status will be granted in federal court pursuant to 28 U.S.C. § 1915(a)(1). In addition, federal law requires that a “prisoner seeking to bring a civil action … without prepayment of fees” must “submit a certified copy of the trust fund account statement (or institutional equivalent) for the 1 2 3 4 5 6 7 8 9 prisoner for the 6-month period immediately preceding the filing of the complaint … obtained from the appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2). The Plaintiff’s submission indicates that if updated financials are required, Plaintiff’s seek an extension of time to submit them. Plaintiffs shall have up to and including June 14, 2017 to submit their respective financial certificates or pay the filing fee, or the undersigned will recommend that this action be dismissed without prejudice. IT IS SO ORDERED. DATED: May 24, 2017. 10 11 12 ____________________________________ WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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