Case Information
*1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Justin Langford, 2:16-cv-01581-JAD-CWH
Plaintiff
Order v.
[ECF Nos. 3, 5] Stan Colton, et al.
Defendants
Justin Langford, an inmate at the High Desert State Prison, brings this civil-rights action.
When it was discovered that he did not pay the $400 filing fee or submit an application to proceed in forma pauperis , the magistrate judge ordered him to pay the fee or submit a completed IFP application by May 22, 2017, or have this case dismissed. [1] When that deadline passed without payment or an application, the magistrate judge recommended that I dismiss this case. [2] Langford objects, explaining that he did not receive the original court order—although he received correspondence from the court, the papers were from someone else’s case. [3] So he asks for additional time to respond. He further explains that he is in protective segregated custody with limited law- library access.
Good cause appearing, IT IS HEREBY ORDERED that Langford’s motion to extend time to either pay the $400 filing fee or file a completed in forma pauperis application [ECF No. 5] is GRANTED. IT IS FURTHER ORDERED that:
The Clerk of Court is directed to SEND plaintiff the approved form application for a prisoner to proceed in forma pauperis along with the document entitled “Information and Instructions for Filing an In Forma Pauperis Application.”
*2 Plaintiff has until August 11, 2017, [4] to 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) (which requires him to complete the application and attach both an inmate account statement for the past six months and a properly executed financial certificate); or (2) pay the full $400 filing fee (which includes the $350 filing fee and the $50 administrative fee). If plaintiff does not fully complete either option 1 or 2 by August 11, 2017, this case will be dismissed without further prior notice.
The Report and Recommendation for dismissal [3] is REJECTED in light of the circumstances.
Dated this 27th day of June, 2017.
_________________________________ Jennifer A. Dorsey United States District Judge ________________________________________________ ___________ _______________ Dororororororoorororrorororororroororrrrrrrrrrrrrsessssessssesssss yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy es District Judgeeeeee
[1] ECF No. 2. 26
[2] ECF No. 3. 27 28
[3] ECF No. 4. 1
[4] Although Langford requested a 120-day extension, the court finds that a four-month extension of 28 time is not reasonable; so the court shortens that extension to a more reasonable one. 2