Opinion
Case No. 3:15-cv-321-RCJ-VPC
06-25-2015
KENNETH HATLEN, Plaintiff, v. BYRNE et al., Defendants.
ORDER
I. DISCUSSION
Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections ("NDOC"), has not filed an application to proceed in forma pauperis or paid the full filing fee in this case. (See ECF No. 1). Additionally, Plaintiff has submitted a blank complaint with a motion for leave to file outside the form complaint. (ECF No. 1-1, 1-2).
The Court now dismisses this case without prejudice. Plaintiff is a frequent and experienced litigator in this Court. Prior to June 18, 2015, Plaintiff filed five civil rights actions this year without the accompanying application to proceed in forma pauperis or filing fee and submitted blank complaints with motions for leave to file outside the form complaint. Each time, the Court granted Plaintiff 30 days to file his applications to proceed in forma pauperis or pay the full filing fee and granted Plaintiff 30 days to file a complaint outside of the form complaint. On June 18, 2015, Plaintiff initiated three new civil rights actions without the applications to proceed in forma pauperis or filing fee and submitted blank complaints with motions for leave to file outside the form complaint.
See Hatlen v. Cox, 3:15-cv-10-MMD-VPC; Hatlen v. Cox, 3:15-cv-86-MMD-VPC; Hatlen v. Cox, 3:15-cv-93-RCJ-WGC; Hatlen v. Cox, 3:15-cv-112-RCJ-WGC; and Hatlen v. Byrne, 3:15-cv-180-RCJ-WGC.
See Hatlen v. Byrne, 3:15-cv-321-RCJ-VPC; Hatlen v. Cox, 3:15-cv-322-MMD-WGC; and Hatlen v. Baker, 3:15-cv-323-MMD-WGC. --------
The Court will no longer entertain Plaintiff's incomplete filing tactics and dismisses this case without prejudice. When Plaintiff is ready to properly initiate a new case he shall (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). He shall also submit a complete complaint and, if necessary, Plaintiff may simultaneously file a motion for leave to file outside of the form complaint.
II. CONCLUSION
For the foregoing reasons, it is ordered that this case is dismissed in its entirety without prejudice.
It is further ordered that Plaintiff may initiate a new case by filing a complete application to proceed in forma pauperis and a complete complaint.
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 the Clerk of the Court shall enter judgment accordingly.
Dated this 25th day of June, 2015.
/s/_________
UNITED STATES DISTRICT JUDGE