Walker v. Benedetti et al
Filing
4
ORDER that the Clk shall send P a blank application form for an application to proceed in forma pauperis for incarcerated litigants and a blank civil rights cmp form with instructions. The Clk shall also return a cpy of P's submission s to him. Sent all docs per ord on 3/13/2009. FURTHER ORD that the action is DISMISSED without prejudice for P's commencement of a new action in which he either pays the $350.00 filing fee in full or submits a co mplete Application to Proceed in Forma Pauperis, accompanied by a properly executed financial certificate and a cpy of his inmate trust acct statement, and a cmp on the proper forms. The Clk shall enter judgment accordingly. Signed by Judge Howard D. McKibben on 3/12/2009. (Copies have been distributed pursuant to the NEF - KL)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES BENEDETTI, et al., Defendants. EVERETT WALKER, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) )
Case No. 3:09-cv-0032-HDM-RAM ORDER
Plaintiff, who is in the custody of the Nevada Department of Corrections, has submitted a financial certificate and a copy of his inmate trust account statement as well as a handwritten complaint attempting to initiate a civil rights action pursuant to 42 U.S.C. § 1983. (Docket #1). Plaintiff has not paid the $350.00 filing fee and has not submitted an Application to Proceed in Forma Pauperis as required by 28 U.S.C. §1915(a)(1) and Local Rules LSR 1-1 and 1-2. The Local Rules further require that the application and complaint be made on the forms provided by this Court. LSR 1-1, 1-2, 1-4, and 2-1. IT IS THEREFORE ORDERED that the Clerk of the Court shall send Plaintiff a blank application form for an application to proceed in forma pauperis for incarcerated litigants and a blank civil rights complaint form with instructions. The Clerk of the Court shall also return a copy of Plaintiff's submissions to him. IT IS FURTHER ORDERED that the action is DISMISSED without prejudice for Plaintiff's commencement of a new action in which he either pays the $350.00 filing fee in full or submits a complete Application to Proceed in Forma Pauperis, accompanied by a properly executed financial certificate and a copy of his inmate trust account statement, and a complaint on the proper forms. The Clerk of the Court shall enter judgment accordingly. DATED: March 12, 2009. ____________________________________ UNITED STATES DISTRICT JUDGE
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