COOK v. ALBERTSON'S

Case No. 2:17-cv-00322-GMN-CWH.

JAWVAN COOK, Plaintiff, v. ALBERTSON'S, Defendant.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Jowvan Cook, Plaintiff, Pro Se.


ORDER

C. W. HOFFMAN, Jr., Magistrate Judge.

Plaintiff Jawvan Cook, who is an inmate in the custody of Three Lakes Valley Conservation Camp, submitted a civil complaint against Defendant Albertson's on January 27, 2017. (ECF No. 1-1). Plaintiff did not pay the full filing fee for this case or file an application to proceed in forma pauperis.

Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate. The court will retain Plaintiff's complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed in forma pauperis, or in the alternative, to pay the full filing fee for this action.

IT IS THEREFORE ORDERED that the Clerk of the Court must send Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document titled "Information for Filing an Application to Proceed In Forma Pauperis by an Inmate Under 28 U.S.C. § 1915."

IT IS FURTHER ORDERED that within thirty days from the date of this order, Plaintiff must either: (1) file a complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for a civil action (which includes the $350 filing fee and the $50 administrative fee). Plaintiff is advised that failure to comply with this order will result in a recommendation that his case be dismissed.

IT IS FURTHER ORDERED that the Clerk of the Court must retain the complaint (ECF No. 1-1), but must not file it at this time.


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