Opinion
2:16-cv-02640-JCM-CWH
11-21-2016
BENJAMIN HOLLY, Plaintiff, v. NYE COUNTY SHERIFF'S DEPT, Defendant.
ORDER
I. DISCUSSION
Plaintiff, who is a prisoner in the custody of the Nye County Detention Center, has filed an application to proceed in forma pauperis. (ECF No. 1). Plaintiff has not submitted a complaint in this matter.
Pursuant to Federal Rule of Civil Procedure 3, "[a] civil action is commenced by filing a complaint with the court." Fed. R. Civ. P. 3. As such, the Court grants Plaintiff thirty (30) days from the date of this order to submit a complaint to this Court.
Additionally, Plaintiff's application to proceed in forma pauperis is incomplete. 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 an inmate account statement. (See ECF No. 1). As such, the in forma pauperis application is denied without prejudice. Plaintiff will be granted an 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.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff shall submit a complaint to this Court within thirty (30) days from the date of this order.
IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same.
IT IS FURTHER ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 1) 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 does not timely comply with this order, dismissal of this action may result.
DATED: This 21st day of November, 2016.
/s/_________
United States Magistrate Judge