Lofton v. Ely State Prison et al

Filing 6

ORDERED that Plaintiffs application to proceed in forma pauperis for prisoners (ECF No. 3 ) is DENIED as moot. Clerk WILL SEND Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner and instructions. (Mai led to P 9/19/2022.) Fully complete IFP application or $402 filing fee due by 10/19/2022. Clerk of the Court will retain the complaint (ECF No. 1 -1) but will not file it at this time. Signed by Magistrate Judge Craig S. Denney on 9/19/2022. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:22-cv-00206-ART-CSD Document 6 Filed 09/19/22 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 DONTE LOFTON, 5 6 7 Plaintiff, v. ORDER ELY STATE PRISON, et al., Defendants. 8 9 Case No. 3:22-cv-00206-ART-CSD I. DISCUSSION 10 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by 11 an individual who has been released from the custody of the Nevada Department of 12 Corrections. Plaintiff submitted an application to proceed in forma pauperis for prisoners. 13 (ECF No. 3). Because Plaintiff is no longer in custody, the Court denies the application 14 to proceed in forma pauperis for prisoners as moot. The Court now directs Plaintiff to file 15 an application to proceed in forma pauperis by a non-prisoner within thirty (30) days from 16 the date of this order or pay the full filing fee of $402. The Court will retain Plaintiff’s civil 17 rights complaint (ECF No. 1-1) but will not file it until the matter of the payment of the filing 18 fee is resolved. If Plaintiff does not timely comply with this order, this action will be subject 19 to dismissal without prejudice 20 II. 21 22 CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in forma pauperis for prisoners (ECF No. 3) is DENIED as moot. 23 IT IS FURTHER ORDERED that the Clerk of the Court WILL SEND Plaintiff the 24 approved form application to proceed in forma pauperis by a non-prisoner, as well as the 25 document entitled information and instructions for filing an in forma pauperis application. 26 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 27 Plaintiff will either: (1) file a fully complete application to proceed in forma pauperis for 28 non-prisoners; or (2) pay the full filing fee of $402. 1 Case 3:22-cv-00206-ART-CSD Document 6 Filed 09/19/22 Page 2 of 2 1 2 3 4 IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, this action will be subject to dismissal without prejudice. 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. 5 6 19th DATED THIS ___day of September 2022. 7 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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