-VPC Ochoa v. Sandoval et al, No. 3:2012cv00182 - Document 3 (D. Nev. 2012)

Court Description: ORDERED that the # 1 Application is DENIED and that this action is DISMISSED without prejudice to the filing of a new complaint in a new action together with either a new IFP application with all required attachments or payment of the $350.00 f iling fee. Clerk shall send P a copy of the papers that he filed along with the complaint and pauper forms and instructions. ( Mailed 4/12/2012. ) Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 4/11/2012. (Copies have been distributed pursuant to the NEF - DRM)

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-VPC Ochoa v. Sandoval et al Doc. 3 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 ARTURO TORRES OCHOA, 9 Plaintiff, 3:12-cv-00182-LRH-VPC 10 vs. 11 ORDER 12 13 BRIAN SANDOVAL, et al., 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 appropriate 18 institutional officer and a statement of the plaintiff’s inmate trust fund account for the past six months 19 are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. Plaintiff attached neither. Plaintiff did 20 not attach an executed financial certificate. Nor did he attach a statement of his inmate trust account 21 for the past six months. The purported one-page account statement that he submitted is not a statement 22 of plaintiff’s inmate trust account for the past six months. 23 Plaintiff, who is in Ely State Prison, submitted a letter with his application in which he indicates 24 that he sent a financial certificate to inmate accounting in Carson City on March 18, 2012, which is only 25 10 days prior to the alleged March 28, 2010, date of mailing of his complaint. Plaintiff, not the Court, 26 must wait for an executed financial certificate to be returned to him. Plaintiff must submit a properly 27 completed pauper application at the time that he submits his complaint in order to properly commence 28 a civil action. Plaintiff indisputably has been made aware of this requirement given that he has an Dockets.Justia.com 1 extensive litigation history in this Court, including having three or more strikes for purposes of 28 2 U.S.C. § 1915(g) following upon his filing of, inter alia, delusional and frivolous filings.1 It does not 3 appear from review of the allegations presented that a dismissal without prejudice will result in a 4 promptly-filed properly commenced action being time-barred. The improperly-commenced action 5 therefore will be dismissed without prejudice. 6 In this regard, plaintiff failed to fill out the inquiries in the complaint form regarding his prior 7 litigation history. If plaintiff fails to do so again, the complaint may be dismissed for failure to follow 8 the instructions and/or sanctions may be imposed against plaintiff. 9 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) is 10 DENIED and that this action shall be DISMISSED without prejudice to the filing of a new complaint 11 in a new action together with either a new pauper application with all required attachments or payment 12 of the $350.00 filing fee. 13 14 The Clerk of Court shall send plaintiff a copy of the papers that he filed along with the complaint and pauper forms and instructions. 15 The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. 16 DATED this 11th day of April, 2012. 17 18 19 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 1 See, e.g., Ochao v. David, No. 3:10-cv-00483-ECR-VPC, #7 at 1 n.1. -2-

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