Durand v. Mr. Vinson

• Court: District Court, D. Nevada
• Decided: February 9, 2022
• Docket: 3:21-cv-00492
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 ROBERTO DURAND, Case No. 3:21-cv-00492-MMD-CLB

4 Plaintiff ORDER

5 v.

6 MR. VINSON,

7 Defendant

8 9 I. DISCUSSION 10 On December 1, 2021, this Court ordered Plaintiff to file a fully complete 11 application to proceed in forma pauperis ("IFP application") or pay the full $402 filing fee 12 for a civil action on or before January 31, 2022. (ECF No. 4). On December 3, 2021 and 13 December 7, 2021, Plaintiff filed two incomplete IFP applications that each did not contain 14 an inmate account statement for the previous six-month period. (ECF Nos. 5,7). Because 15 it appears that an extension of the initial deadline and another court order are meaningful 16 alternatives to dismissal here, the Court will grant Plaintiff one final opportunity to submit 17 an inmate account statement for the previous six-month period to the Court on or before 18 March 11, 2022. See Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) 19 (providing that “district court need not exhaust every sanction short of dismissal before 20 finally dismissing a case, but must explore possible and meaningful alternatives”). 21 Plaintiff is advised that a Financial Certificate (page 4 of this Court's application) and an 22 inmate account statement for the previous six-month period are two separate documents. 23 II. CONCLUSION 24 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send 25 Plaintiff the approved IFP application by an inmate, as well as the document entitled 26 information and instructions for filing an in forma pauperis application. 27 IT IS FURTHER ORDERED that on or before March 11, 2022, Plaintiff shall either: 28 (1) file a fully complete IFP application, on the correct form with complete financial 1| attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $402 fee for filing a-civil action (which includes the $350 filing fee and the $52 administrative fee). 3 IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order, 4} this case will be subject to dismissal without prejudice for Plaintiff to refile the case with 5 | the Court, under a new case number, when Plaintiff is able to submit a fully complete 6 | application to proceed in forma pauperis or pay the full $402 filing fee for a civil action. 7 8 DATED: February 9, 2022 9 TT »

10 UNITED STATRKS MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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