Ochoa v. Baker et al, No. 3:2013cv00449 - Document 3 (D. Nev. 2013)

Court Description: ORDER - The 1 application to proceed IFP is DENIED. 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 new pauper application with all required, and new, a ttachments or payment of the $350 filing fee. The Clerk 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 Chief Judge Robert C. Jones on 09/16/2013. (Copies have been distributed pursuant to the NEF - KR)
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Ochoa v. Baker et al Doc. 3 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 ARTURO TORRES OCHOA, 9 Plaintiff, 3:13-cv-00449-RCJ-WGC 10 vs. ORDER 11 12 13 RENEE BAKER, et al. Defendants. 14 15 16 This prison civil rights action comes before the Court on plaintiff’s application to proceed in forma pauperis (#1) 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 and a statement of the plaintiff’s inmate 19 trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and Local 20 Rule LSR1-2. 21 requirements, attached neither. Plaintiff, a frequent filer who repeatedly has been informed of these 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 or otherwise result in substantial prejudice. 25 The Court notes in this regard that plaintiff has filed numerous meritless, frivolous 26 and/or delusional actions in this district. As a result, the Court has found plaintiff subject to 27 the “three strikes” provisions of 28 U.S.C. § 1915(g) in 3:10-cv-00483-ECR-VPC (#7). Under 28 § 1915(g), a prisoner who has brought three or more frivolous or meritless actions may not Dockets.Justia.com 1 proceed in forma pauperis; and he instead must pay the full filing fee in advance, unless he 2 is under imminent danger of serious physical injury. 3 Plaintiff alleges in the present complaint that his food is being poisoned. 4 allegation of imminent danger, however, is delusional or frivolous. Plaintiff has made the 5 same allegation in a number of actions. See, e.g., 3:12-cv-00285-MMD-VPC; 3:12-cv-00276- 6 HDM-VPC; 3:12-cv-00239-RCJ-VPC. The Court held a hearing on the allegation in 3:12-cv- 7 00239-RCJ-VPC and confirmed that the allegation indeed is wholly baseless. 8 9 This Plaintiff accordingly will sustain no substantial prejudice from the dismissal of this improperly commenced action without prejudice. 10 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) 11 is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new 12 complaint on the required form in a new action together with either a new pauper application 13 with all required, and new, attachments or payment of the $350.00 filing fee. 14 15 16 17 18 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 16th day of September 2013. 19 20 21 22 ____________________________________ ROBERT C. JONES Chief United States District Judge 23 24 25 26 27 28 -2-