Durand v. Cooke

• Court: District Court, D. Nevada
• Decided: March 29, 2022
• Docket: 3:22-cv-00026
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 ROBERTO DURAND, Case No. 3:22-cv-00026-RCJ-CSD

4 Plaintiff ORDER

5 v.

6 MRS. T. COOKE,

7 Defendant

8 9 I. DISCUSSION 10 On January 21, 2022, this Court ordered Plaintiff to file a fully complete application 11 to proceed in forma pauperis ("IFP application") or pay the full $402 filing fee for a civil 12 action on or before March 21, 2022. (ECF No. 3 at 2). On January 24, 2022, January 13 25, 2022, March 8, 2022, March 15, 2022, and March 28, 2022, Plaintiff filed five 14 incomplete IFP applications. (ECF Nos. 4, 6, 7, 8, 9). Plaintiff has not submitted an 15 inmate account statement for the previous six-month period with his IFP application 16 documents. The Plaintiff is advised that a Financial Certificate (page 4 of this Court's 17 application) and an inmate account statement for the previous six-month period are two 18 separate documents the Court requires to consider his IFP application fully complete. 19 Because it appears that an extension of the initial deadline and another court order 20 are meaningful alternatives to dismissal here, the Court will grant Plaintiff one final 21 opportunity to submit an inmate account statement for the previous six-month period to 22 the Court on or before April 27, 2022. See Henderson v. Duncan, 779 F.2d 1421, 1424 23 (9th Cir. 1986) (providing that “district court need not exhaust every sanction short of 24 dismissal before finally dismissing a case, but must explore possible and meaningful 25 alternatives”). 26 II. CONCLUSION 27 For the foregoing reasons, IT IS ORDERED that on or before April 27, 2022, 28 Plaintiff shall either: (1) file a fully complete IFP application, on the correct form with 1| complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full 2| $402 fee for filing a civil action (which includes the $350 filing fee and the $52 administrative fee). 4 IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order, 5 | this case will be subject to dismissal without prejudice for Plaintiff to refile the case with 6 | the Court, under a new case number, when Plaintiff is able to submit a fully complete 7 | application to proceed in forma pauperis or pay the full $402 filing fee for a civil action. 8 9 DATED: March 29, 2022 CS By 11 UNITED STATES MAGIGZRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

-2-