Iden v. Ely State Prison et al

Filing 3

ORDER - Clerk WILL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner and the information and instructions for filing an in forma pauperis (Mailed to Plaintiff at ESP on 2/21/2020).Within forty-five (45) day s from the date of this order, Plaintiff must either file a fully complete IFP application or pay the full $400 filing fee.Plaintiff will submit a complaint to this Court within forty-five (45) days from the date of this order.C lerk will send to Plaintiff the approved form for filing a 42 USC § 1983 complaint, instructions for the same, and a copy of his notice of emergency complaint (ECF No. 1 -1) (Mailed to Plaintiff at ESP on 2/21/2020).Signed by Magistrate Judge Carla Baldwin on 2/21/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD IDEN,

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Plaintiff

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Case No. 3:20-cv-00108-RFB-CLB
ORDER

v.
ELY STATE PRISON, 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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(“NDOC”), has filed a notice of emergency complaint. (ECF No. 1-1). Plaintiff has not

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filed a complaint or an application to proceed in forma pauperis in this matter.

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

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complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff forty-five

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

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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. Plaintiff will be

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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 within forty-five (45) days from the date of

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this order. If Plaintiff chooses to file an application to proceed in forma pauperis, he must

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file a fully complete application to proceed in forma pauperis, including an inmate account

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

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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 forty-five (45) days from the date of this

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order, Plaintiff must either: (1) file a fully complete application to proceed in forma

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pauperis, on the correct form with complete financial attachments, including an inmate

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account statement for the past six months and a properly executed financial certificate, in

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compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action

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(which includes the $350 filing fee and the $50 administrative fee).

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IT IS FURTHER ORDERED that Plaintiff will submit a complaint to this Court within
forty-five (45) days from the date of this order.

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IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the

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approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The

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Clerk of the Court will also send Plaintiff a copy of his notice of emergency complaint.

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(ECF No. 1-1).

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IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order,
dismissal of this action may result.
DATED: February 21, 2020.

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UNITED STATES MAGISTRATE JUDGE

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