-GWF Burdick v. State Of Nevada et al, No. 2:2012cv00792 - Document 3 (D. Nev. 2012)

Court Description: ORDER DISMISSING CASE without Prejudice and Denying 2 Application to Proceed in Forma Pauperis. Copy of the papers plaintiff filed with the complaint and pauper forms and instructions for both forms mailed to plaintiff. Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Kent J. Dawson on 5/24/12. (Copies have been distributed pursuant to the NEF - ASB)

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-GWF Burdick v. State Of Nevada et al Doc. 3 1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 HARRY BURDICK, 8 Plaintiff, 2:12-cv-00792-KJD-GWF 9 vs. 10 ORDER 11 12 STATE OF NEVADA, et al., Defendants. 13 14 15 Plaintiff, a Nevada state inmate, has filed an application (#2) to proceed in forma pauperis seeking to initiate a civil rights action. 16 The application is incomplete. Both a financial certificate properly executed by an 17 appropriate institutional officer on the Court’s required form and a statement of the plaintiff’s 18 inmate trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and 19 Local Rule LSR1-2. Plaintiff attached neither. The financial certificate page from the Court’s 20 required federal form was not executed by an institutional officer but instead was left blank. 21 Attachment of a financial certificate from a state pauper form, which does not provide the 22 required information, is not sufficient. Plaintiff must use this Court’s forms, in full, not a hybrid 23 mix of federal and state forms; and he must fully complete the federal form. Plaintiff further 24 did not attach a statement of his inmate trust account for the past six months. 25 26 Further, plaintiff did not use the Court’s required form for a civil rights complaint, as required by Local Rule LSR 2-1. 27 Due to the multiple defects presented, this action will be dismissed without prejudice. 28 It does not appear from review of the allegations presented that a dismissal without prejudice Dockets.Justia.com 1 will result in a promptly-filed properly commenced action being time-barred. This improperly- 2 commenced action therefore will be dismissed without prejudice. 3 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#2) 4 is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new 5 complaint on the required form in a new action together with either a new pauper application 6 with all required attachments or payment of the $350.00 filing fee. 7 8 9 10 11 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: May 24, 2012 12 13 14 _________________________________ KENT J. DAWSON United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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