Suuni v. State of Nevada et al

Filing 9

ORDER directing Clerk to send Plaintiff IFP form and instructions (attached hereto for transmittal to P); giving Plaintiff 30 days to either file an inmate account statement or pay full $400 filing fee. Signed by Magistrate Judge William G. Cobb on 7/19/2018. (Attachments: # 1 IFP form and instructions) (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LEMUELU PATA SAUNI,

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Plaintiff,

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Case No. 3:18-cv-00250-MMD-WGC
ORDER

v.
STATE OF NEVADA et al.,

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Defendants.

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I.

DISCUSSION

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On May 30, 2018, Plaintiff, a prisoner in the custody of the Nevada Department of

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Corrections (“NDOC”), submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 but

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did not file an application to proceed in forma pauperis or pay the full filing fee for this

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matter. (ECF Nos. 1, 1-1). On May 31, 2018, this Court issued an order directing Plaintiff

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to file a fully complete application to proceed in forma pauperis or pay the full filing fee

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within 30 days from the date of that order. (ECF No. 3). Plaintiff subsequently filed an

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application to proceed in forma pauperis and a financial certificate. (ECF Nos. 4, 6).

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However, the Court denied the application without prejudice because the application was

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incomplete. (ECF No. 7). Specifically, the Court noted that Plaintiff had not submitted an

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inmate account statement and granted Plaintiff another 30 days to file a fully complete

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application to proceed in forma pauperis. (Id. at 1-2). On July 11, 2018, Plaintiff filed

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another application, i.e. the first three pages of the application to proceed in forma

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pauperis, but did not submit an inmate account statement. (ECF No. 8). As such, this

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application is also incomplete.

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Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must

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complete an application to proceed in forma pauperis and attach both an inmate account

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

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has not submitted an inmate account statement. (See ECF Nos. 4, 6, 8). The Court will

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

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the payment of the filing fee is resolved. Plaintiff will be granted one final opportunity to

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cure the deficiencies of his application to proceed in forma pauperis by filing an inmate

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account statement, or in the alternative, pay the full filing fee for this action. If Plaintiff

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fails to file an inmate account statement, the Court will dismiss the case in its entirety,

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without prejudice, to file a new case when Plaintiff is able to acquire the necessary

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

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL

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SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner,

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as well as the document entitled information and instructions for filing an in forma pauperis

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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 an inmate account statement 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, if Plaintiff fails to timely file an inmate account

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statement, the Court will dismiss the case, without prejudice, for Plaintiff to file a new case

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when he is able to acquire the necessary documents to file a complete application to

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proceed in forma pauperis.

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DATED THIS 19th day of July 2018.
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UNITED STATES MAGISTRATE JUDGE

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