Suuni v. State of Nevada et al

Filing 3

ORDERED that the Clerk of the Court SHALLSEND Plaintiff the approved IFP form and instructions. (Attached hereto for distribution to P via NNCC law library.) Fully complete IFP application or $400 filing fee due by 6/30/2018. Clerk of t he Court shall retain the complaint (ECF No. 1 -1), but shall not file it at this time. Signed by Magistrate Judge William G. Cobb on 5/31/2018. (Attachments: # 1 IFP Form, # 2 IFP Instructions)(Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 LEMUELU PATA SUUNI, 10 Plaintiff, 11 12 Case No. 3:18-cv-00250-MMD-WGC ORDER v. STATE OF NEVADA et al., 13 Defendants. 14 15 I. DISCUSSION 16 Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections 17 (“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 18 1-1). Plaintiff has neither paid the full filing fee for this matter nor filed an application to 19 proceed in forma pauperis. 20 Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must 21 complete an application to proceed in forma pauperis and attach both an inmate account 22 statement for the past six months and a properly executed financial certificate. The Court 23 will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file it until the matter 24 of the payment of the filing fee is resolved. Plaintiff will be granted an opportunity to file 25 an application to proceed in forma pauperis, or in the alternative, pay the full filing fee for 26 this action. If Plaintiff chooses to file an application to proceed in forma pauperis he must 27 file a fully complete application to proceed in forma pauperis. 28 /// 1 II. CONCLUSION 2 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL 3 SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, 4 as well as the document entitled information and instructions for filing an in forma pauperis 5 application. 6 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 7 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on 8 the correct form with complete financial attachments in compliance with 28 U.S.C. § 9 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing 10 11 12 13 14 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. 15 16 31st DATED THIS ____ day of May 2018. 17 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 -2-

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