Tagle v. State of Nevada et al

Filing 3

REPORT AND RECOMMENDATION that the District Judge enter an order DENYING Plaintiff's application to proceed IFP (ECF No. 1 ); and directing Plaintiff to pay the full filing fee within thirty days. Objections to R&R due by 9/14/2017. Signed by Magistrate Judge William G. Cobb on 8/31/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR TAGLE,

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Plaintiff,
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vs.
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STATE OF NEVADA, et al.,
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Defendants.
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______________________________________)

3:17-cv-00510-MMD-WGC
REPORT & RECOMMENDATION
OF U.S. MAGISTRATE JUDGE

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This Report and Recommendation is made to the Honorable Miranda M. Du, United States

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District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4.

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Before the court is Plaintiff’s application to proceed in forma pauperis (IFP). (ECF No. 1.)

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Plaintiff is a prisoner proceeding pro se. He has submitted an IFP application, and a complaint

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which he labels a “tort action,” and requests a jury pursuant to 42 U.S.C. § 1985, against the State of

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Nevada and Deputy Attorney Generals for, inter alia, conspiracy and corruption. (ECF No. 1-1.)

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Pursuant to 28 U.S.C. § 1915(g), “if [a] prisoner has, on 3 or more prior occasions, while

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incarcerated or detained in any facility, brought an action or appeal in a court of the United States that

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was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief

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may be granted,” he may not proceed IFP and, instead, must pay the full filing fee in advance unless he

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is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

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The court has, on at least three prior occasions, dismissed civil actions commenced by plaintiff

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while incarcerated for maliciousness or failure to state a claim upon which relief may be granted. See

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Tagle v. State of Nevada, 2:15-cv-02083-RCJ-GWF (dismissed for failure to state a claim); Tagle v.

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State of Nevada, 2:15-cv-02358-MMD-PAL (dismissed for maliciousness and failure to state a claim);

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and Tagle v. State of Nevada, 2:16-cv-00852-JAD-VCF (dismissed for maliciousness and failure to state

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a claim). The court takes judicial notice of the records in these matters. Plaintiff has not plausibly alleged

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he is under imminent danger of serious physical injury; therefore, his application to proceed in forma

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pauperis should be denied, and he should be ordered pay the full filing fee within thirty days of the date

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of an order adopting this report and recommendation, or his action will be dismissed.

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RECOMMENDATION

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IT IS HEREBY RECOMMENDED that the District Judge enter an order DENYING

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Plaintiff’s application to proceed IFP (ECF No. 1); directing Plaintiff to pay the full filing fee within

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thirty days of any order adopting this report and recommendation; and, advising Plaintiff that a failure

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to do so will result in dismissal of this action.

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Plaintiff should be aware of the following:

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1. That he may file, pursuant to 28 U.S.C. § 636(b)(1)(C), specific written objections to this

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Report and Recommendation within fourteen days of receipt. These objections should be titled

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"Objections to Magistrate Judge's Report and Recommendation" and should be accompanied by points

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and authorities for consideration by the district judge.

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2. That this Report and Recommendation is not an appealable order and that any notice of appeal

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pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of

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judgment by the district court.

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DATED: August 31, 2017.

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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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