Nunn v. The State of Nevada ( 2024 )


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  • 2 2 3 UNITED STATES DISTRICT COURT 3 4 DISTRICT OF NEVADA 4 5 5 TYRONE NOEL NUNN, Case No.: 2:24-cv-02034-CDS-NJK 6 6 Plaintiff, 7 ORDER 7 v. 8 8 THE STATE OF NEVADA, et al., 9 9 Defendants. 10 10 11 On October 30, 2024, pro se plaintiff Tyrone Nunn, an inmate in the custody of the Nevada 11 12 Department of Corrections, submitted a complaint under 42 U.S.C. § 1983. Docket No. 1-1. 12 13 Plaintiff has neither paid the full $405 filing fee nor filed an application to proceed in forma 13 14 pauperis (IFP). See Docket No. 1. 14 15 Plaintiff has filed over 80 pro se lawsuits in this district since July 2023.1 Dozens of these 15 16 lawsuits have been dismissed because Plaintiff failed to correct fundamental defects like filing a 16 17 single, signed complaint and either paying the filing fee or applying for IFP status. See, e.g., Nunn 17 18 v. Department of Corrections, Case No. 3:24-cv-00050-ART-CLB, Docket No. 4 at 3–4 (D. Nev. 18 19 Nov. 20, 2024) (collecting cases). Although the Court will give Plaintiff an opportunity to either 19 20 pay the full filing fee or apply for IFP status in this case, the Court is considering other case- 20 21 management options for Plaintiff, including recommending immediate dismissal of a case or 21 22 declaring Plaintiff a vexatious litigant, if his unwillingness to file the documents necessary to 22 23 initiate a civil action continues. See Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th 23 24 Cir. 2010) (holding that it is well-established that district courts have the inherent power to control 24 25 their docket). 25 26 26 27 27 28 1 The Court takes judicial notice of the online docket records of the U.S. Courts, which 28 1 As Plaintiff is aware, he must either pay the full $405 filing fee or file a complete IFP application if he wants to proceed with a civil action. For an inmate like Plaintiff to proceed 3| without prepaying the filing fee—that is apply for IFP status—he must submit all three of the 4| following documents to the Court: (1) a completed Application to Proceed in Forma Pauperis 5| for Inmate on this Court’s approved form with the inmate’s two signatures on page 3, □□□ □ 6| Financial Certificate that is properly signed by both the inmate and a prison or jail official, and 7| (3)a copy of the inmate’s prison or jail trust fund account statement for the previous six- g| month period. 9 Accordingly, for the reasons stated above, 10 IT IS ORDERED that, no later than December 30, 2024, Plaintiff must either pay the full 11| $405 filing fee or file a new fully complete application to proceed in forma pauperis with all three 12] required documents: a completed application with the inmate’s two signatures on page 3; a 13| completed financial certificate that is signed both by the inmate and the prison or jail official; and 14| acopy of the inmate’s trust fund account statement for the previous six-month period. 15 IT IS FURTHER ORDERED that, if Plaintiff fails to ttmely comply with this order, this 16| action will be subject to dismissal without prejudice. A dismissal without prejudice allows 17| Plaintiff to refile the case with the Court, under a new case number, when Plaintiff can file a 18] complete application to proceed in forma pauperis or pay the required filing fee. 19 The Clerk of the Court is INSTRUCTED to send Plaintiff Tyrone Nunn the approved form 20| application to proceed in forma pauperis for an inmate and instructions for the same and retain the 21| complaint, Docket No. 1-1, but not file it at this time. 22 IT IS SO ORDERED. 23 DATED: November 25, 2024. 24 UNITED STATES MAGISTRATE JUDGE 27 28

Document Info

Docket Number: 2:24-cv-02034

Filed Date: 11/25/2024

Precedential Status: Precedential

Modified Date: 11/26/2024