Opinion
3:19-cv-00604-MMD-CLB
11-21-2019
JOSE AGUSTO, Plaintiff, v. MGM RESORTS, Defendant.
ORDER
I. DISCUSSION
Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections, has submitted a pro se civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1-1). Additionally, Plaintiff has submitted an incomplete application to proceed in forma pauperis. (ECF No. 1).
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. 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 an opportunity to file a complete application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff fails to submit a fully complete application to proceed in forma pauperis, or pay the full filing fee, the court will recommend that this action be dismissed.
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 if Plaintiff does not timely comply with this order, the court will enter a report and recommendation to dismiss this action.
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: November 21, 2019.
/s/ _________
UNITED STATES MAGISTRATE JUDGE