Matthews v. Gentry et al
Filing
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ORDER directing Clerk to SEND plaintiff instructions and approved form application to proceed in forma pauperis (mailed to p on 1/4/2019); plaintiff shall either complete the application to proceed in forma pauperis with c omplete financial attachments or pay the full $400 filing fee by 2/03/2019; if plaintiff does not timely comply with this order, dismissal of this action may result; Clerk directed to retain the complaint ECF No. 1 -1, but shall not file at this time. Signed by Magistrate Judge William G. Cobb on 1/4/2019. (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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IVAN LEE MATTHEWS, II,
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Case No. 3:19-cv-00003-RCJ-WGC
Plaintiff
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v.
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ORDER
JO GENTRY et al.,
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Defendants
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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 submitted a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1-1).
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Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed
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in forma pauperis.
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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an
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application to proceed in forma pauperis and attach both an inmate account statement
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for the past six months and a properly executed financial certificate. The Court will retain
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Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file it until the matter of the
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payment of the filing fee is resolved. Plaintiff will be granted an opportunity to file an
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application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this
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action. If Plaintiff chooses to file an application to proceed in forma pauperis he must file
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a fully 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 WILL SEND
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Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well
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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 must 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).
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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 will retain the complaint
(ECF No. 1-1), but will not file it at this time.
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DATED: January 4, 2019.
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UNITED STATES MAGISTRATE JUDGE
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