Durand v. Caldwell
ORDER - Plaintiff's IFP application (ECF No. 4 ) is denied without prejudice. On or before October 16, 2022, Plaintiff shall either: (1) file a fully complete IFP application, on the correct form with complete f inancial attachments; or (2) pay the full $402 fee for filing a civil action. If Plaintiff does not timely comply with this order, this case will be subject to dismissal without prejudice for Plaintiff to refile the case with the Cou rt, under a new case number, when Plaintiff is able to submit a fully complete application to proceed in forma pauperis or pay the full $402 filing fee for a civil action. Signed by Magistrate Judge Carla Baldwin on 9/15/2022. (Copies have been distributed pursuant to the NEF - HKL)
Case 3:22-cv-00276-MMD-CLB Document 5 Filed 09/15/22 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:22-cv-00276-MMD-CLB
On June 27, 2022, this Court ordered Plaintiff to file a fully complete application to
proceed in forma pauperis ("IFP application") or pay the full $402 filing fee for a civil action
on or before August 27, 2022.
incomplete IFP application. (ECF Nos. 4.) As the Court stated in its previous order, to
be complete, an IFP application must include an inmate account statement for the
previous six-month period. Plaintiff has not submitted an inmate account statement with
his IFP application documents.
(ECF No. 3 at 2). On June 29, 2022, Plaintiff filed an
The Court denies Plaintiff’s incomplete IFP application without prejudice. Because
it appears that an extension of the initial deadline and another court order are meaningful
alternatives to dismissal here, the Court will grant Plaintiff one final opportunity to submit
an inmate account statement for the previous six-month period to the Court on or before
October 16, 2022. See Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)
(providing that “district court need not exhaust every sanction short of dismissal before
finally dismissing a case, but must explore possible and meaningful alternatives”).
For the foregoing reasons, IT IS ORDERED that Plaintiff’s IFP application (ECF
No. 4) is denied without prejudice.
IT IS FURTHER ORDERED that on or before October 16, 2022, Plaintiff shall
either: (1) file a fully complete IFP application, on the correct form with complete financial
Case 3:22-cv-00276-MMD-CLB Document 5 Filed 09/15/22 Page 2 of 2
attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $402 fee for filing
a civil action (which includes the $350 filing fee and the $52 administrative fee).
IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order,
this case will be subject to dismissal without prejudice for Plaintiff to refile the case with
the Court, under a new case number, when Plaintiff is able to submit a fully complete
application to proceed in forma pauperis or pay the full $402 filing fee for a civil action.
September 15, 2022
UNITED STATES MAGISTRATE JUDGE
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