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Crespo-Gutierrez v. Ramirez

United States District Court, D. Nevada

April 9, 2014

AXEL CRESPO-GUTIERREZ, Plaintiff,
v.
ANA MARIA RESENDIZ RAMIREZ, Defendant.

FINDINGS AND RECOMMENDATION

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

On February 3, 2014, the Court denied without prejudice Plaintiff's First Motion/Application for Leave to Proceed In Forma Pauperis for lack of sufficient information and granted him 30 days to file a new application. See Order #1. Plaintiff submitted a Second Motion/Application to Proceed in Forma Pauperis (#3) on March 5, 2014. On March 6, 2014, the Court entered an Order denying without prejudice Plaintiff's Second Motion/Application to Proceed in Forma Pauperis (#3). The Court found several discrepancies in Plaintiff's Second Application. Plaintiff reported that he has monthly income of $10.00 in response to question 12, but listed no income in response to question 1. Plaintiff also attached his inmate banking history. However, Plaintiff failed to use the required form for a prisoner who is requesting in forma pauperis status. As a result of the discrepancies regarding Plaintiff's income and expenses, the Court found that there was insufficient information to determine whether Plaintiff is eligible to proceed in forma pauperis. Plaintiff was given until April 7, 2014 to file a completed Application to Proceed In Forma Pauperis or pay the filing fee. Plaintiff failed to submit a completed Application or pay the $400.00 filing fee by the April 7, 2014 deadline.

Based on the foregoing and good cause appearing therefore,

RECOMMENDATION

IT IS HEREBY RECOMMENDED that this action be dismissed for failure to file a completed Application to Proceed in Forma Pauperis or pay the filing fee by April 7, 2014.


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