Birch v. Gittere et al

Filing 3

ORDER denying without prejudice ECF No. 1 IFP application; directing the Clerk to send Plaintiff the approved IFP form and instructions (Mailed to P on 10/23/2019); giving Plaintiff 30 days to file a fully complete IFP applicat ion or pay the $400 filing fee; if Plaintiff does not timely comply with this order, dismissal of this action may result; the Clerk will retain the complaint (ECF No. 1 -1), but will not file it at this time. Signed by Magistrate Judge William G. Cobb on 10/23/2019. (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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BRUCE BIRCH,

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Plaintiff

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Case No. 3:19-cv-00643-MMD-WGC
ORDER

v.
WILLIAM GITTERE, et al.,

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Defendants

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I.

DISCUSSION

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Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections,

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has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed an

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application to proceed in forma pauperis. (ECF Nos. 1-1, 1).

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Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to

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

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proceed in forma pauperis and attach both an inmate account statement for the past

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six months and a properly executed financial certificate. Plaintiff has not submitted a

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signature on the penalty of perjury section at the bottom of page 3 of the application to

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proceed in forma pauperis. (See ECF No. 1). As such, the in forma pauperis application

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is denied without prejudice. The Court will retain Plaintiff’s civil rights complaint (ECF No.

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1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff

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will be granted an opportunity to cure the deficiencies of his application to proceed in

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forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff

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chooses to file a new application to proceed in forma pauperis, he must file a fully

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complete 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.

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II.

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CONCLUSION
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.

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IT IS FURTHER ORDERED that the Clerk of the Court WILL SEND Plaintiff the

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approved form application to proceed in forma pauperis by a prisoner, as well as the

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document entitled information and instructions for filing an in forma pauperis 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 will 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.
DATED: October 23, 2019.

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UNITED STATES MAGISTRATE JUDGE

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