Opinion
Case No.: 2:13-cv-01044-JAD-PAL
2013-10-15
Steven J. Bank, Plaintiff v. 4 Unknown Agents of the General Services Administration, Defendants
Order Adopting Report and
Recommendation [Doc. 5], Denying
Application to Proceed in Forma
Pauperis [Doc. 6], and Dismissing
Complaint
This case arises out of Plaintiff Steven Bank's Bivens action against four security officers at the Lloyd D. George United States Courthouse in Las Vegas, Nevada. See Doc. 6. Bank filed an Application to Proceed in forma Pauperis, Doc. 1, on June 11, 2013. Magistrate Judge Peggy A. Leen issued an Order on July 11, 2013, that denied Bank's application without prejudice because it lacked necessary information. Doc. 3. She further directed him to file a new application by August 9, 2013; he filed nothing. Id. Accordingly, Judge Leen issued a Report of Findings and Recommendation on August 5, 2013, recommending that this Court deny Plaintiff's Application to Proceed in Forma Pauperis and dismiss this action. Doc. 5.
The Court is mindful that federal courts must "liberally construe the 'inartful pleading' of pro se litigants" like the plaintiff in the instant case. Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987) (quoting Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam)). But a pro se litigant is "expected to abide by the rules of the court in which he litigates." Carter v. C.I.R., 784 F.2d 1006, 1008 (9th Cir. 1986) (citing Taylor v. Comm'r, 771 F.2d 478, 479-80 (11th Cir. 1985) (per curiam); United States v. Merrill, 746 F.2d 458, 465 (9th Cir. 1984)). Like all litigants, Bank may submit an in forma pauperis application, but he must satisfy the District of Nevada's requirements in order to qualify for such status. Ignoring the Magistrate Judge's Order to submit a new application that contains the information necessary for processing his application—or failing to request additional time to comply with the Order—is a sure path to denial of in forma pauperis status.
The Court has considered the record and has made a determination consistent with 28 U.S.C. § 636(b) and applicable case law.
It is hereby ORDERED that the Report and Recommendation of Magistrate Judge Leen [Doc. 5] is ADOPTED. Plaintiff's Application to Proceed in Forma Pauperis [Doc. 6] is DENIED and Plaintiff's Complaint is DISMISSED.
It is further ORDERED that the Clerk of Court shall CLOSE this case.
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JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE