Stallworth v. Dzurenda et al

Filing 3

ORDERED that Clerk directed to send instructions and approved form application to proceed in forma pauperis for a prisoner (mailed to P on 12/15/17); Plaintiff by 1/14/2018 must either complete the application to proceed in forma pa uperis for a prisoner or pay the full $400 filing fee; if Plaintiff fails to comply with order then dismissal of this action may result; Clerk to retain ECF No. 1 -1 Complaint but not file at this time. Signed by Magistrate Judge William G. Cobb on 12/15/2017. (Copies have been distributed pursuant to the NEF - LH)

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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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JAMES DZURENDA et al.,
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Defendants.
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___________________________________ )

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I.

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HADARI A. STALLWORTH,

3:17-cv-00667-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 on this Court’s approved form and attach both an

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inmate account statement for the past six months and a properly executed financial

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certificate.1 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file

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it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an

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opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full

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filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis

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he must file a fully 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 the Clerk of the Court SHALL SEND

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The Court acknowledges that Plaintiff has submitted a financial certificate and an
inmate account statement. (ECF No. 1-3 at 5-12).

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

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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).

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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.
DATED: December 15, 2017.
DATED: This _____ day of November, 2017.

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_________________________________
United States Magistrate Judge

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