Rico-Torres v. Director of Nursing HDSP

• Court: District Court, D. Nevada
• Decided: February 8, 2023
• Docket: 2:22-cv-01788
• Status: Unknown

Opinion

2 DISTRICT OF NEVADA 2 3 3 JAVIER RICO-TORRES, Case No.: 2:22-cv-01788-MMD-DJA 4 4 Plaintiff, 5 ORDER 5 v. 6 (ECF No. 6) 6 DIRECTOR OF NURSING HDSP, et al., 7 7 Defendants.

8 8 9 I. DISCUSSION 9 10 On November 22, 2022, this Court ordered Plaintiff to file a fully complete 10 11 application to proceed in forma pauperis or pay the full $402 filing fee for a civil action on 11 12 or before January 20, 2023. (ECF No. 5 at 2.) The Court explained that Plaintiff’s initial 12 13 application to proceed in forma pauperis was incomplete because Plaintiff had not 13 14 included a financial certificate or an inmate account statement for the previous six-month 14 15 period. (Id. at 1.) 15 16 The next day, Plaintiff filed an amended complaint together with another 16 17 incomplete application to proceed in forma pauperis. (ECF No. 6.) Plaintiff’s second 17 18 application to proceed in forma pauperis also does not include a financial certificate or an 18 19 inmate account statement for the previous six-month period. (Id.) 19 20 Because it appears that an extension of the initial deadline and another court order 20 21 are meaningful alternatives to dismissal here, the Court will grant Plaintiff one final 21 22 opportunity to submit a financial certificate and an inmate account statement for the 22 23 previous six-month period to the Court on or before March 10, 2023. See Henderson v. 23 24 Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (providing that “district court need not 24 25 exhaust every sanction short of dismissal before finally dismissing a case, but must 25 26 explore possible and meaningful alternatives”). 26 27 II. CONCLUSION 27 28 For the foregoing reasons, IT IS ORDERED that Plaintiff’s second incomplete 28 2 IT IS FURTHER ORDERED that on or before March 10, 2023, Plaintiff shall either: 2 3 (1) file a fully complete IFP application, on the correct form with complete financial 3 4 attachments, including a financial certificate and an inmate account statement for the 4 5 previous six-month period, in compliance with 28 U.S.C. § 1915(a); or (2) pay the full 5 6 $402 fee for filing a civil action (which includes the $350 filing fee and the $52 6 7 administrative fee). 7 8 IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order, 8 9 this case will be subject to dismissal without prejudice for Plaintiff to refile the case with 9 10 the Court, under a new case number, when Plaintiff is able to submit a fully complete 10 11 application to proceed in forma pauperis or pay the full $402 filing fee for a civil action. 11 12 12 13 DATED: February 8, 2023 13 14 14 __________________________________ 15 UNITED STATES MAGISTRATE JUDGE 15

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