Durand v. Muaro

Filing 7

ORDER - On or before December 21, 2022, Plaintiff shall either: (1) file a fully complete IFP application, on the correct form with complete financial 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). Signed by Magistrate Judge Carla Baldwin on 11/21/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:22-cv-00406-ART-CLB Document 7 Filed 11/21/22 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,

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Case No. 3:22-cv-00406-ART-CLB
Plaintiff

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v.

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MUARO,

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ORDER

Defendant

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I.

DISCUSSION

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On September 12, 2022, this Court ordered Plaintiff to file a fully complete

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application to proceed in forma pauperis (“IFP application”) or pay the full $402 filing fee

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for a civil action on or before November 14, 2022. (ECF No. 3). On September 14, 2022,

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November 10, 2022, and November 16, 2022, Plaintiff filed three incomplete IFP

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applications. (ECF Nos. 4, 5, 6). Plaintiff has not submitted an inmate account statement

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for the previous six-month period with his IFP application documents. Plaintiff is advised

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that a Financial Certificate (page 4 of this Court’s application) and an inmate account

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statement for the previous six-month period are two separate documents the Court

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requires to consider his IFP application fully complete.

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

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are meaningful alternatives to dismissal here, the Court will grant Plaintiff one final

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opportunity to submit an inmate account statement for the previous six-month period to

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the Court on or before December 21, 2022. See Henderson v. Duncan, 779 F.2d 1421,

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1424 (9th Cir. 1986) (providing that “district court need not exhaust every sanction short

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of dismissal before finally dismissing a case, but must explore possible and meaningful

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alternatives”).

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that on or before December 21, 2022,

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Plaintiff shall either: (1) file a fully complete IFP application, on the correct form with

Case 3:22-cv-00406-ART-CLB Document 7 Filed 11/21/22 Page 2 of 2

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complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full

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$402 fee for filing a civil action (which includes the $350 filing fee and the $52

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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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21st day of November 2022.
DATED: ___

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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