Opinion
2:17-cv-02142-APG-GWF
08-14-2017
ANTHONY E. WIDE, JR., Plaintiff, v. STATE OF NEVADA et al., Defendants.
ORDER
I. DISCUSSION
Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections ("NDOC"), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1). Plaintiff has neither paid the full filing fee for this matter nor filed an 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 will be granted an opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis he must file a fully complete application to proceed in forma pauperis.
Although Plaintiff has submitted a complaint in this case, Plaintiff has not signed the penalty of perjury section of his complaint, his notice of certificate of service by mailing, or his affirmation. (See ECF No. 1-1 at 9-11). It appears that another inmate helped Plaintiff prepare this complaint and submitted the complaint to this Court without Plaintiff's signature. (Id. at 9). The Court grants Plaintiff thirty (30) days from the date of this order to submit a signed copy of the complaint to this Court.
II. CONCLUSION
For the foregoing reasons, IT IS 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 the Clerk of the Court shall send to Plaintiff a copy of his complaint (ECF No. 1-1). Plaintiff shall submit a signed copy of the complaint to this Court within thirty (30) days from the date of this order.
Plaintiff may sign the copy of the complaint provided by the Court and mail the signed copy back to this Court. --------
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.
DATED: This 14th day of August, 2017.
/s/_________
United States Magistrate Judge