Ferguson v. State of Nevada

Filing 6

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 form s to p on 11/17/2018); plaintiff shall either complete the application to proceed in forma pauperis with complete financial attachments or pay the full $400 filing fee by 12/17/2017; if Plaintiffs next application to proceed in forma pauperis is incomplete, the Court will dismiss the case, without prejudice; Plaintiff shall file his updated address with the Court by 12/17/2017; if Plaintiff does not timely comply with this order, dismissal of this action may r esult; Clerk directed to retain the complaint ECF No. 4 -1, but not file at this time; Clerk to send a one-time courtesy copy of this order to Plaintiff at HDSP. Signed by Magistrate Judge William G. Cobb on 11/17/2017. (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,
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Defendant.
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___________________________________ )

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I.

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ANGELO FERGUSON,

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

DISCUSSION

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A.

In Forma Pauperis Application

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On November 7, 2017, this Court issued an order denying Plaintiff’s application to

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proceed in forma pauperis without prejudice to file a new application because Plaintiff’s

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application had been incomplete. (ECF No. 3). On November 15, 2017, Plaintiff filed a new

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application to proceed in forma pauperis. (ECF No. 4). However, this application is also

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incomplete.

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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. Plaintiff has not submitted a

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properly executed financial certificate or an inmate account statement. (See ECF No. 4). As

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such, the in forma pauperis application is denied without prejudice. The Court will retain

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Plaintiff’s civil rights complaint (ECF No. 4-1), but will not file it until the matter of the payment

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of the filing fee is resolved.

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deficiencies of his 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 a new application to proceed in forma

Plaintiff will be granted one final opportunity to cure the

pauperis he must file a fully complete application to proceed in forma pauperis. If Plaintiff files

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another incomplete application to proceed in forma pauperis, the Court will dismiss the case

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in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the

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necessary documents to file a complete application to proceed in forma pauperis.

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B.

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According to the NDOC inmate database and the mail returned undeliverable, it

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appears that Plaintiff is no longer at the address listed with the Court. (See ECF No. 5). The

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Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se party must

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immediately file with the court written notification of any change of mailing address, email

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address, telephone number, or facsimile number. The notification must include proof of service

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on each opposing party or the party’s attorney. Failure to comply with this rule may result in

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the dismissal of the action, entry of default judgment, or other sanctions as deemed

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appropriate by the court.” Nev. Loc. R. IA 3-1. This Court grants Plaintiff thirty (30) days from

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the date of entry of this order to file his updated address with this Court. If Plaintiff does not

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update the Court with his current address within thirty (30) days from the date of entry of this

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order, the Court will dismiss this action without prejudice.

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II.

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Change of Address

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

forma pauperis (ECF No. 4) is DENIED without prejudice to file a new application.

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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 document

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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’s next application to proceed in forma

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pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a
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new case when he is able to acquire the necessary documents to file a complete application

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to proceed in forma pauperis.

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IT IS FURTHER ORDERED that Plaintiff shall file his updated address with the Court
within thirty (30) days from the date of this order.
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. 4-1), but shall not file it at this time.
IT IS FURTHER ORDERED that the Clerk of the Court shall send a one-time courtesy
copy of this order to Plaintiff at High Desert State Prison.

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17th
DATED: This _____ day of November, 2017.

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_________________________________
United States Magistrate Judge

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