Navas v. Polaha et al

Filing 6

ORDER that the incomplete IFP application ECF No. 3 and the pending incomplete IFP application ECF No. 5 are DENIED WITHOUT PREJUDICE; plaintiff has until 6/4/2018 to submit a complete IFP or pay the filing fee; dismissal of this action without prejudice will be recommended if plaintiff fails to file a complete IFP and/or pay the filing fee. Signed by Magistrate Judge William G. Cobb on 5/14/2018. (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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JULIO CESAR NAVAS,

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Case No. 3:18-cv-00019-MMD-WGC
Plaintiff,

ORDER

v.
JEROME POLAHA, et al.,

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Defendants.

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Plaintiff, who is incarcerated at Lovelock Correctional Center (LCC), filed his complaint

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on January 12, 2018. (ECF Nos. 1, 2.) The complaint was not accompanied by an application to

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proceed in forma pauperis (IFP) or the filing fee. On February 5, 2018, Plaintiff filed an application

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to proceed IFP. (ECF No. 3.) That application, however, did not include a certified copy of his

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trust fund account statement or the institutional equivalent, in accordance with 28 U.S.C.

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§ 1915(a). The court entered an order on March 13, 2018, directing the Clerk to send Plaintiff a

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copy of the instructions and application to proceed IFP for an inmate, and gave Plaintiff thirty days

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to file his completed IFP application or pay the filing fee, reiterating that his application had to

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include a certified copy of his trust fund account statement and the financial certificate signed by

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a person authorized by NDOC. (ECF No. 4.) Plaintiff was advised that if he elected to pay the

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filing fee, it was $400, and that in the event he was granted IFP status, he was still responsible for

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paying the $350 filing fee over time, even if his action was dismissed.

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On March 28, 2018, Plaintiff filed another IFP application. (ECF No. 5.) Once again, the

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application does not contain the certified copy of his trust fund account statement or financial

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certificate signed by a person authorized by NDOC. Therefore, the prior incomplete IFP

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application (ECF No. 3) and the pending incomplete IFP application (ECF No. 5) are DENIED

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WITHOUT PREJUDICE.

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Plaintiff has TWENTY-ONE days from the date of this Order to submit a complete IFP

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application that includes a certified copy of his trust fund account statement and financial

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certificate signed by a person authorized by NDOC, or to pay the filing fee. In the event a complete

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IFP application is not filed, or the filing fee is not paid within twenty-one days, dismissal of this

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action without prejudice will be recommended.

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IT IS SO ORDERED.

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DATED: May 14, 2018.

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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