Durand v. Caldwell

Filing 5

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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERTO DURAND,

Case No. 3:22-cv-00276-MMD-CLB

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Plaintiff

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v.

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K CALDWELL,

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ORDER

Defendant

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I.

DISCUSSION

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On June 27, 2022, this Court ordered Plaintiff to file a fully complete application to

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proceed in forma pauperis ("IFP application") or pay the full $402 filing fee for a civil action

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on or before August 27, 2022.

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incomplete IFP application. (ECF Nos. 4.) As the Court stated in its previous order, to

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be complete, an IFP application must include an inmate account statement for the

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previous six-month period. Plaintiff has not submitted an inmate account statement with

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his IFP application documents.

(ECF No. 3 at 2). On June 29, 2022, Plaintiff filed an

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The Court denies Plaintiff’s incomplete IFP application without prejudice. Because

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it appears that an extension of the initial deadline and another court order are meaningful

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alternatives to dismissal here, the Court will grant Plaintiff one final opportunity to submit

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an inmate account statement for the previous six-month period to the Court on or before

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October 16, 2022. See Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)

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(providing that “district court need not exhaust every sanction short of dismissal before

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finally dismissing a case, but must explore possible and meaningful alternatives”).

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff’s IFP application (ECF

No. 4) is denied without prejudice.

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IT IS FURTHER ORDERED that on or before October 16, 2022, Plaintiff shall

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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

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attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $402 fee for filing

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a civil action (which includes the $350 filing fee and the $52 administrative fee).

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IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order,

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this case will be subject to dismissal without prejudice for Plaintiff to refile the case with

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the Court, under a new case number, when Plaintiff is able to submit a fully complete

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application to proceed in forma pauperis or pay the full $402 filing fee for a civil action.

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September 15, 2022
DATED: __________________

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UNITED STATES MAGISTRATE JUDGE

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