Opinion
2:17-cv-00679-JCM-VCF
03-23-2017
GEORGE A. TOLIVER, Plaintiff, v. TIMOTHY CARLMAN et al., Defendants.
ORDER
I. DISCUSSION
On March 9, 2017, this Court issued an order denying Plaintiff's application to proceed in forma pauperis, without prejudice, because Plaintiff's application had been incomplete. (ECF No. 3 at 1). Specifically, Plaintiff had not submitted a properly executed financial certificate. (Id.) In that order, the Court noted that Plaintiff was an experienced litigator in this Court and knew how to file a fully complete application to proceed in forma pauperis. (Id.) The Court stated that, if Plaintiff's next application to proceed in forma pauperis was incomplete, the Court would dismiss the case, without prejudice, for Plaintiff to file a new case when he was able to acquire the necessary documents to file a complete application to proceed in forma pauperis. (Id. at 1-2).
On March 20, 2017, Plaintiff filed a new application to proceed in forma pauperis. (ECF No. 4). This application is also incomplete. Although Plaintiff did submit a financial certificate with his new application, he did not submit a financial certificate on this Court's approved form. (See ECF No. 4 at 4). In light of Plaintiff's attempt to comply with this Court's prior order, the Court will grant Plaintiff one final opportunity to file a fully complete application to proceed in forma pauperis.
Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff has not submitted a properly executed financial certificate on this Court's approved form. (See ECF No. 4 at 4). As such, the in forma pauperis application is denied without prejudice. The Court will retain Plaintiff's civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted one final opportunity to cure the deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis he must file a fully complete application to proceed in forma pauperis. If Plaintiff files another incomplete application to proceed in forma pauperis, the Court will dismiss the case in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.
This Court's approved financial certificate is on page 4 of this Court's application to proceed in forma pauperis. --------
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 4) is DENIED without prejudice to file a new application.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee).
IT IS FURTHER ORDERED that, if Plaintiff's next application to proceed in forma pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1-1), but shall not file it at this time.
DATED: This 23rd day of March, 2017.
/s/_________
United States Magistrate Judge