Meredith v. Flores, No. 3:2013cv00654 - Document 5 (D. Nev. 2014)

Court Description: ORDERED that the # 1 IFP application 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 or payment of the filin g fee. 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. (Mailed to P 6/3/2014.) The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Robert C. Jones on 6/3/2014. (Copies have been distributed pursuant to the NEF - DRM) Modified on 6/3/2014 See (#7) Order Rescinded and Vacated. (BLG).
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Meredith v. Flores Doc. 5 1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 ALLEN S. MEREDITH, 10 Plaintiff, 11 vs. 12 13 14 3:13-cv-00654-RCJ-WGC ORDER STATE OF NEVADA DEPARTMENT OF PUBLIC SAFETY, Defendant. 15 16 17 Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed in forma pauperis seeking to initiate a civil rights action. 18 The pauper application is incomplete. Both a financial certificate properly completed 19 and executed by an authorized institutional officer and a statement of the plaintiff’s inmate 20 trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and Local 21 Rule LSR1-2. Plaintiff attached two copies of the financial certificate form, but neither copy 22 was completed and executed by an authorized officer as required. Further, he did not attach 23 a statement of his inmate trust account for the past six months. 24 It does not appear from review of the allegations presented that a dismissal without 25 prejudice of the present improperly-commenced action would lead to a promptly-filed new 26 action being untimely. Plaintiff bases his complaint on alleged actions on and after August 27 11, 2013, and he seeks damages. A federal civil rights action arising within Nevada is subject 28 to a two-year limitations period. Dockets.Justia.com 1 IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) 2 is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new 3 complaint in a new action under a new docket number together with either a new pauper 4 application or payment of the filing fee. 5 6 7 8 9 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. DATED: June 3, 2014 10 11 12 ___________________________________ ROBERT C. JONES Chief United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-