Opinion
3:12-cv-00398-RCJ-WGC
11-21-2012
JULIO SMITH PARRA, Plaintiff, v. E.K. MCDANIEL, et al., Defendants.
ORDER
Plaintiff, a Nevada state inmate, has filed an application (#1) to proceed In forma pauperis seeking to initiate a civil rights action.
The application is incomplete. Both a financial certificate properly executed by an appropriate institutional officer and a statement of the plaintiff's inmate trust fund account for the past six months are required by 28 U.S.C. § 1915(a)(2) and Local Rule LSR1-2. Plaintiff attached an account statement and a financial certificate, but the financial certificate was not executed by an appropriate institutional officer.
It does not appear from review of the allegations presented that a dismissal without prejudice will materially impact the analysis of the timeliness of a promptly-filed new complaint. Plaintiff's claims either are timely under the argument advanced in his associated papers or, if that analysis does not prove persuasive as to a claim or claims, the limitations period instead long since will have expired.
IT THEREFORE IS ORDERED that the application to proceed in forma pauperis (#1) is DENIED and that this action shall be DISMISSED without prejudice to the filing of a new complaint on the required form in a new action together with either a new pauper application with all required attachments or payment of the $350.00 filing fee.
The Clerk of Court shall SEND plaintiff a copy of the papers that he filed along with the complaint and pauper forms and instructions for both forms.
The Clerk shall enter final judgment accordingly, dismissing this action without prejudice.
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ROBERT C. JONES
Chief United States District Judge