Opinion
2:23-cv-01674-GMN-EJY
10-17-2023
DANNY R. CHESTINE JR., Plaintiff, v. NORTH LAS VEGAS JUSTICE COURT, Defendant.
ORDER
ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE
On October 13, 2023, Plaintiff submitted a document seeking to compel the North Las Vegas Justice Court to (1) allow Plaintiff to serve time on house arrest, (2) expedite an extradition process, and (3) appoint him counsel. To commence a civil action Plaintiff, who is pro se, must submit his Complaint on the form provided by the Court. See LSR 2-1. Plaintiff also did not pay the $402 filing fee for a civil action or file an application to proceed in forma pauperis. Under 28 U.S.C. § 1914(a) a party seeking to initiate a civil action must pay the filing fee set by the Clerk of Court. If Plaintiff seeks to proceed without paying the filing fee he must submit an application to proceed in forma pauperis by a non-prisoner
Accordingly, IT IS HEREBY ORDERED that no later than November 22, 2023, Plaintiff must: (1) file a Complaint on the Court's form, and (2) either pay the $402 filing fee or file a complete Application to Proceed in forma pauperis by a Non-Prisoner.
IT IS FURTHER ORDERED that the Clerk of Court must mail Plaintiff (1) the form Civil Rights Complaint, (2) instructions for completing the Complaint, (3) the application to proceed in forma pauperis by a non-prisoner, and (4) the instructions for completing this form.
IT IS FURTHER ORDERED that failure to file a Complaint on the Court's form and either pay the $402 filing fee or file a complete application to proceed in forma pauperis on or before November 22, 2023 will result in a recommendation to dismiss this action without prejudice. A dismissal without prejudice allows Plaintiff to file his case with the Court, under a new case number, when he is able to comply with LSR 2-1 and file a complete application to proceed in forma pauperis or pay the required filing fee.
IT IS FURTHER ORDERED that Plaintiff's Motion to Compel (ECF No. 1) is DENIED.