Ferguson v. State of Nevada

Filing 3

ORDER that Application for Leave to Proceed in forma pauperis ECF No. 1 is DENIED without prejudice; Clerk directed to SEND plaintiff instructions and approved form application to proceed in forma pauperis (mailed for ms to p on 11/07/2017); plaintiff shall either complete the application to proceed in forma pauperis with complete financial attachments or pay the full $400 filing fee by 12/07/2017; plaintiff shall submit a complaint by 12/07/ 2017; Clerk directed to SEND instructions and approved form for filing a 42 U.S.C. § 1983 complaint (mailed forms to p on 11/07/2018); if plaintiff does not timely comply with this order, dismissal of this action may result. Signed by Magistrate Judge William G. Cobb on 11/07/2017. (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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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )

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I.

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ANGELO FERGUSON,

3:17-cv-00668-MMD-WGC
ORDER

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

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(“NDOC”), has filed an application to proceed in forma pauperis (ECF No. 1) but has not

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filed a complaint in this matter.
Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to

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28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintif f must complete an application to

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proceed in forma pauperis on this Court’s approved form and attach both an inmate

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

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Plaintiff has not submitted a properly executed financial certificate or an inmate account

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statement. (See ECF No. 1, 1-1). As such, the in forma pauperis application is denied

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without prejudice. Plaintiff will be granted an opportunity to cure the deficiencies of his

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application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this

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action. If Plaintiff chooses to file a new application to proceed in forma pauperis, he must

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file a fully complete application to proceed in forma pauperis.

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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by

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filing a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff

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thirty (30) days from the date of this order to submit a complaint to this Court.

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II.

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

forma pauperis (ECF No. 1) is DENIED without prejudice to file a new application.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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

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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

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the correct form with complete financial attachments in compliance with 28 U.S.C. §

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1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing

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fee and the $50 administrative fee).

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IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court
within thirty (30) days from the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the
approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,

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dismissal of this action may result.

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DATED: November 7, 2017.

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_________________________________
United States Magistrate Judge

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