Palmer v. Filson

Filing 3

ORDER that the Clerk shall send Plaintiff the approved IFP form by a prisoner and instructions (mailed to P on 6/28/2018); Fully complete IFP application or $400 filing fee due by 7/28/2018; Plaintiff shall submit a complaint to this Cour t by 7/28/2018; Clerk shall send Plaintiff the approved form § 1983 complaint with instructions (mailed to P on 6/28/2018); if Plaintiff does not timely comply with this order, dismissal of this action may result. Signed by Magistrate Judge William G. Cobb on 6/28/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARKIECE PALMER,

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Plaintiff,

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Case No. 3:18-cv-00302-MMD-WGC
ORDER

v.
TIMOTHY FILSON,

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Defendant.

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I.

DISCUSSION

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Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

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(“NDOC”), has filed a notice of intent to file a civil rights complaint. (ECF No. 1-1). Plaintiff

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has not filed a complaint or an application to proceed in forma pauperis in this matter.

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Pursuant to Federal Rule of Civil Procedure 3, “[a] civil action is commenced by

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filing a complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff

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thirty (30) days from the date of this order to submit a complaint to this Court.

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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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will be granted an opportunity to file an application to proceed in forma pauperis, or in the

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alternative, pay the full filing fee for this action. If Plaintiff chooses to file an application

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to proceed in forma pauperis he must file a fully complete application to proceed in forma

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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 a fully complete application to proceed in forma pauperis, on

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the correct form with complete financial attachments 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).
IT IS FURTHER ORDERED that Plaintiff shall submit a complaint to this Court
within thirty (30) days from the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the
approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.

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28th
DATED THIS ___ day of June 2018.

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UNITED STATES MAGISTRATE JUDGE

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