-VPC Azujhon Kenneth Sims vs Steven D. Grierson, No. 3:2012cv00314 - Document 3 (D. Nev. 2012)
Court Description: ORDER DISMISSING CASE. IT IS ORDERED that the application 1 to proceed in forma pauperis is DENIED without prejudice. IT FURTHER IS ORDERED that this improperly commenced action is DISMISSED without prejudice to the filing of a new complaint on t he proper form in a new action together with either the required $350.00 filing fee or a properly completed application to proceed informa pauperis on the proper form and with all required, and new, financial attachments. IT FURTHER IS ORDERED that all motions submitted are DENIED without prejudice. IT FURTHER IS ORDERED that the Clerk shall send plaintiff two copies each of an in forma pauperis application form for a prisoner and a § 1983 complaint form and one copy of the instructions for each form (Sent).The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Chief Judge Robert C. Jones on 7/6/2012. (Copies have been distributed pursuant to the NEF - MLC)
Download PDF
<![CDATA[
-VPC Azujhon Kenneth Sims vs Steven D. Grierson Doc. 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 AZUJHON KENNETH SIMS, Plaintiff, 10 11 2:12-cv-00314-RCJ-VPC vs. ORDER 12 STEVEN D. GRIERSON, et al. 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff, a state inmate, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action against a state district court clerk. Plaintiff has not submitted a proper application to proceed in forma pauperis. Under 28 U.S.C. § 1915(a)(2) and Local Rules LSR 1-1 and 1-2, a plaintiff must submit an application on the Court’s required form. Plaintiff did not submit the application on the Court’s required form. In addition, the complaint was not submitted on the Court’s § 1983 complaint form as required by Local Rule LSR 2-1. Due to the multiple defects presented, this improperly commenced action will be dismissed without prejudice. It does not appear that a dismissal without prejudice will necessarily result in a promptly filed and properly commenced action being time-barred.1 //// 27 28 1 The relief sought by plaintiff is reflected in #1-2 at electronic docketing pages 16-17. Civil rights actions arising within Nevada are subject to a two-year statute of lim itations. Dockets.Justia.com 1 2 IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is DENIED without prejudice. 3 IT FURTHER IS ORDERED that this improperly commenced action is DISMISSED 4 without prejudice to the filing of a new complaint on the proper form in a new action together 5 with either the required $350.00 filing fee or a properly completed application to proceed in 6 forma pauperis on the proper form and with all required, and new, financial attachments. 7 IT FURTHER IS ORDERED that all motions submitted are DENIED without prejudice. 8 IT FURTHER IS ORDERED that the Clerk shall send plaintiff two copies each of an 9 in forma pauperis application form for a prisoner and a § 1983 complaint form and one copy 10 11 12 13 of the instructions for each form. The Clerk of Court shall enter final judgment accordingly, dismissing this action without prejudice. DATED: This 6th day of July, 2012. 14 15 16 _________________________________ ROBERT C. JONES Chief United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
