Beal v. Aranas et al
ORDER denying without prejudice ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis; Clerk directed to SEND plaintiff instructions and approved form IFP application (sent to P via LCC law library); plaintiff to fully complete IFP application on correct form with complete financial attachments or pay the full $400 filing fee by 4/12/2018; Clerk directed to retain the complaint ECF No. 1 -1, but not file it at this time. Signed by Magistrate Judge William G. Cobb on 3/13/2018. (Attachments: # 1 IFP Instructions, # 2 IFP Form)(Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RAYMOND J. BEAL,
Case No. 3:18-cv-00111-RCJ-WGC
ROMEO ARANAS et al.,
Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections
(“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has
filed an application to proceed in forma pauperis. (ECF No. 1, 1-1).
Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to 28
U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to
proceed in forma pauperis and attach both an inmate account statement for the past six
months and a properly executed financial certificate. Plaintiff has not submitted an inmate
account statement. (See ECF No. 1). As such, the in forma pauperis application is denied
without prejudice. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but
will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be
granted an opportunity to cure the deficiencies of his application to proceed in forma
pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to
file a new application to proceed in forma pauperis he must file a fully complete application
to proceed in forma pauperis.
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
approved form application to proceed in forma pauperis by a prisoner, as well as the
document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,
Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on
the correct form with complete financial attachments in compliance with 28 U.S.C. §
1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing
fee and the $50 administrative fee).
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: March 13, 2018.
UNITED STATES MAGISTRATE JUDGE
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