-PAL Meeks v. Burson et al, No. 2:2012cv00759 - Document 2 (D. Nev. 2012)
Court Description: ORDER Denying 1 Application for Leave to Proceed in forma pauperis and that this action shall be DISMISSED without prejudice. The Clerk of Court shall send plaintiff a copy of the papers that he filed along with the complaint and pauper forms and instructions for both forms. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Gloria M. Navarro on 5/30/2012. (Copies have been distributed pursuant to the NEF - SLR)
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-PAL Meeks v. Burson et al Doc. 2 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 ANDREW L. MEEKS, II, 9 10 Plaintiff, 2:12-cv-00759-GMN-PAL vs. 11 12 CHERYL BURSON, et al., 13 ORDER Defendants. 14 15 16 Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action. 17 The application is incomplete. Both a financial certificate properly executed by an 18 appropriate institutional officer on the Court’s required form and a statement of the plaintiff’s 19 inmate trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and 20 Local Rule LSR1-2. Plaintiff did not attach a statement of his inmate trust fund account for 21 the past six months. 22 It does not appear from review of the allegations presented that a dismissal without 23 prejudice will result in a promptly-filed properly commenced action being time-barred. This 24 improperly-commenced action therefore will be dismissed without prejudice. 25 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) 26 is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new 27 complaint in a new action together with either a new pauper application with all required, and 28 new, attachments or payment of the $350.00 filing fee. Dockets.Justia.com 1 2 3 4 5 The Clerk of Court shall send plaintiff a copy of the papers that he filed along with the complaint and pauper forms and instructions for both forms. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. DATED this 30th day of May, 2012. 6 7 8 _________________________________ Gloria M. Navarro United States District 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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