Durand v. Maritza

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 ROBERTO DURAND, Case No. 3:22-cv-00371-MMD-CLB

4 Plaintiff ORDER

5 v. (ECF Nos. 4, 5, 6)

6 MARITZA,

7 Defendant

8 9 I. DISCUSSION 10 On September 15, 2022, this Court ordered Plaintiff to file a fully complete 11 application to proceed in forma pauperis or pay the full $402 filing fee for a civil action on 12 or before November 15, 2022. (ECF No. 3 at 2.) The Court explained that Plaintiff’s initial 13 application to proceed in forma pauperis was incomplete because Plaintiff had not 14 included a financial certificate or an inmate account statement for the previous six-month 15 period. (Id. at 1.) 16 Plaintiff has filed three new applications to proceed in forma pauperis (ECF Nos. 17 4, 5, 6.) Each of these new applications includes a financial certificate, but none of them 18 includes an inmate account statement for the previous six-month period. Because none 19 of the new applications to proceed in forma pauperis include an inmate account statement 20 for the previous six-month period, all three applications are incomplete, and the Court 21 denies all three applications without prejudice. 22 Because it appears that an extension of the initial deadline and another court order 23 are meaningful alternatives to dismissal here, the Court will grant Plaintiff one final 24 opportunity to submit an inmate account statement for the previous six-month period to 25 the Court on or before January 23, 2023. See Henderson v. Duncan, 779 F.2d 1421, 26 1424 (9th Cir. 1986) (providing that “district court need not exhaust every sanction short 27 of dismissal before finally dismissing a case, but must explore possible and meaningful 28 alternatives”). IL. CONCLUSION 2 For the foregoing reasons, IT |S ORDERED that Plaintiff's applications to proceed in forma pauperis (ECF Nos. 4, 5, 6) are denied without prejudice. 4 IT IS FURTHER ORDERED that on or before January 23, 2023, Plaintiff shall 5 | either: (1) file a fully complete IFP application, on the correct form with complete financial 6 | attachments, including an inmate account statement for the previous six-month period, in 7 | compliance with 28 U.S.C. § 1915(a); or (2) pay the full $402 fee for filing a civil action 8 | (which includes the $350 filing fee and the $52 administrative fee). 9 IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order, 10 | this case will be subject to dismissal without prejudice for Plaintiff to refile the case with 11 the Court, under a new case number, when Plaintiff is able to submit a fully complete application to proceed in forma pauperis or pay the full $402 filing fee for a civil action. 13 14 DATED: November 22, 2022 15 J f . 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

-2-