Leavitt v. Wickham et al, No. 2:2013cv00490 - Document 2 (D. Nev. 2013)

Court Description: ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. This action shall be DISMISSED without prejudice to the filing of a new complaint on the required form in a new action together with either a n ew pauper application wi th all required, and new, attachments or payment of the $350.00 filing fee. 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. Signed by Judge Gloria M. Navarro on 4/2/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Leavitt v. Wickham et al Doc. 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1 2 3 CODY LEAVITT, 4 Plaintiff, 2:13-cv-00490-GMN-CWH 5 vs. 6 ORDER 7 8 HAROLD WICKHAM, et al., Defendants. 9 10 11 Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action. 12 The pauper application is incomplete. Both a financial certificate properly completed 13 and executed by an authorized institutional officer and a statement of the plaintiff’s inmate 14 trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and Local 15 Rule LSR1-2. Plaintiff attached neither. 16 It does not appear from review of the allegations presented that a dismissal without 17 prejudice of the present improperly-commenced action would lead to a promptly-filed new 18 action being untimely. 19 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) 20 is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new 21 complaint on the required form in a new action together with either a new pauper application 22 with all required, and new, attachments or payment of the $350.00 filing fee. 23 24 25 26 27 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 this 2nd day of April, 2013. 28 _________________________________ Gloria M. Navarro United States District Judge Dockets.Justia.com