Almanza v. Henderson Detention Center and Custodians et al, No. 2:2010cv00044 - Document 3 (D. Nev. 2010)
Court Description: ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED this action is DISMISSED without prejudice for plaintiff's commencement of a new action. IT IS FURTHER ORDERED that the Clerk of Court shall sen d plaintiff two copies of IFP application and civil rights complaint, with instructions. Clerk further shall return a copy of the papers plaintiff submitted in this action. Clerk shall enter final judgment accordingly. Signed by Judge Kent J. Dawson on 6/11/10. (Copies have been distributed pursuant to the NEF - cc plaintiff - EDS)
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Almanza v. Henderson Detention Center and Custodians et al Doc. 3 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 STEVE R. ALMANZA, 9 Plaintiff, 2:10-cv-00044-KJD-LRL 10 vs. 11 ORDER 12 13 14 HENDERSON DETENTION CENTER AND CUSTODIANS, et al. Defendants. 15 16 17 Plaintiff, a detainee or inmate in municipal custody, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action. 18 The application submitted is incomplete. Plaintiff did not attach an inmate account 19 statement. Both a properly executed financial certificate and a statement from the plaintiff’s 20 inmate trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and 21 Local Rule LSR1-2. 22 23 IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is DENIED. 24 IT FURTHER IS ORDERED that this action shall be DISMISSED without prejudice to 25 plaintiff’s commencement of a new action in which he submits a new complaint and either 26 pays the $350.00 filing fee or submits a new properly completed application to proceed in 27 forma pauperis, with both a new properly executed financial certificate and copy of his inmate 28 trust fund account statement. Dockets.Justia.com 1 IT FURTHER IS ORDERED that the Clerk of Court shall send plaintiff two copies each 2 of a civil rights complaint form and an application form to proceed in forma pauperis for 3 incarcerated persons, along with a copy of the instructions for each form. The Clerk further 4 shall return a copy of the papers that plaintiff submitted in this action. 5 The Clerk of Court shall enter final judgment accordingly, dismissing this action without 6 prejudice to the timely filing of a new complaint in a new action with a properly completed 7 pauper application. 8 DATED: June 11, 2010. 9 10 11 12 ________________________________ KENT J. DAWSON United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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