Friedman v. Baca et al

Filing 3

ORDER directing the Clerk to send Plaintiff the instructions and approved form application to proceed in forma pauperis by a prisoner (sent to P electronically via NNCC Law Library); Plaintiff to either: (1) file a fully complete application to proceed in forma pauperis, on correct form with complete financial attachments; or (2) pay the full $400 filing fee by 8/17/2017; if plaintiff does not timely comply with this order, dismissal of this action may result; Clerk directed to retain the complaint ECF No. 1 -1, but shall not file it at this time. Signed by Judge Miranda M. Du on 07/18/2017. (Attachments: # 1 IFP Form, # 2 IFP Instructions)(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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)
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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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KENNETH FRIEDMAN,

3:17-cv-00433-MMD-WGC
ORDER

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1).

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Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in

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forma pauperis.

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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. The Court will retain Plaintiff’s

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civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the

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filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed

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in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses

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to file an application to proceed in forma pauperis he must file a fully complete application to

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proceed in forma pauperis.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND

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Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as
the document 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).1

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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), but shall not file it at this time.

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18th
DATED: This _____ day of July, 2017.

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_________________________________
United States Magistrate Judge

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The Court acknowledges that Plaintiff plans to pay the filing fee in this case. (ECF
No. 1-2). According to the Court’s schedule of fees, “[p]ayment may be made in cash (exact
change is required), by check or money order, or by credit card if in person. Checks and
money orders must be made out to: CLERK, U.S. DISTRICT COURT. A receipt will be
provided for each transaction.”
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