Williams v. State of Nevada Department Public Safety et al, No. 2:2013cv01318 - Document 2 (D. Nev. 2013)

Court Description: ORDER that 1 Application for Leave to Proceed in forma pauperis is DENIED and that this action is DISMISSED without prejudice to the filing of a new complaint in a new action under a new docket number together with either a new pauper application o r payment of the $350.00 filing fee. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Andrew P. Gordon on 11/8/13. (Copies have been distributed pursuant to the NEF: copies and blank forms - MMM)
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Williams v. State of Nevada Department Public Safety et al Doc. 2 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 CHARLES J. WILLIAMS, Plaintiff, 9 10 vs. ORDER 11 12 13 Case No. 2:13-cv-01318-APG-NJK STATE OF NEVADA DEPARTMENT OF PUBLIC SAFETY, et al., Defendants. 14 15 16 Plaintiff, a Nevada state inmate, has filed an application (Dkt. #1) to proceed in forma pauperis seeking to initiate a civil rights action. 17 The pauper application is incomplete. Both a financial certificate properly completed 18 and executed by an authorized institutional officer on the required form and a statement of the 19 plaintiff’s inmate trust fund account for the past six months are required by 28 U.S.C. § 20 1915(a)(2) and Local Rule LSR1-2. Plaintiff attached a financial certificate, but he did not 21 attach a statement of his inmate trust account for the past six months. He must attach both. 22 It does not appear from review of the allegations presented that a dismissal without 23 prejudice of the present improperly-commenced action would lead to a promptly-filed new 24 action being untimely. Plaintiff, currently an incarcerated inmate, alleges that state parole and 25 probation officers allegedly improperly seized his vehicle on November 7, 2012. A two-year 26 limitations period is applicable to federal civil rights actions arising out of Nevada. 27 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (Dkt. 28 #1) is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new Dockets.Justia.com 1 complaint in a new action under a new docket number together with either a new pauper 2 application or payment of the $350.00 filing fee. 3 4 5 6 7 The Clerk of Court shall SEND plaintiff a copy of the papers that he filed along with the complaint and prisoner pauper forms and instructions for both forms. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. 8, Dated: November 6, 2013. 8 9 10 ___________________________________ ANDREW P. GORDON United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-