Church v. Washoe County Sheriff's Office et al

Filing 3

ORDER that the Clerk will send Plaintiff the approved IFP form and instructions (Mailed to P on 11/18/2019); Fully complete IFP application or $400 filing fee due 30 days from the date of this order; if Plaintiff fails to timely file an inmate account statement, the Court will dismiss the case, without prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents to file a complete application to proceed in forma pauperis. Signed by Magistrate Judge Carla Baldwin on 11/18/2019. (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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CAMERON CHURCH,

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Plaintiff

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WASHOE COUNTY SHERIFF’S OFFICE
et al.,
Defendants

I.

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DISCUSSION
On November 8, 2019, Plaintiff, an inmate in the custody of the Washoe County

Detention Center (“WCDC”), submitted a civil rights complaint under 42 U.S.C. § 1983
and filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 1).

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ORDER

v.

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Case No. 3:19-cv-00677-MMD-CLB

Plaintiff’s application to proceed in forma pauperis is incomplete. Under 28 U.S.C.
§ 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed
in forma pauperis and attach both an inmate account statement for the past six months
and a properly executed financial certificate.

Plaintiff has not submitted an inmate

account statement for the past six months. (See ECF No. 1). The Court will retain
Plaintiff’s civil rights complaint (ECF No. 1-1), but will not file it until the matter of the
payment of the filing fee is resolved. Plaintiff will be granted an opportunity to cure the
deficiencies of his application to proceed in forma pauperis by filing an inmate account
statement, or in the alternative, pay the full filing fee for this action. If Plaintiff fails to file
an inmate account statement, the Court will dismiss the case in its entirety, without
prejudice, to file a new case when Plaintiff is able to acquire the necessary documents to
file a complete application to proceed in forma pauperis.
II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court WILL SEND

Plaintiff the approved form application to proceed in forma pauperis by a prisoner, 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 will 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: November 18, 2019.

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UNITED STATES MAGISTRATE JUDGE

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