ORDER
I. DISCUSSION
Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections, has submitted a motion for appointment of counsel and a 23-page letter which may be operating as Plaintiff's complaint. (ECF No. 1-1, 1-2). However, Plaintiff has not filed an application to proceed in forma pauperis and has not paid the full filing fee in this case. (See ECF No. 1).
Pursuant to 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. Plaintiff has not submitted an in forma pauperis application. As such, the Court grants Plaintiff thirty (30) days from the date of this order to either file a complete application to proceed in forma pauperis or pay the full filing fee of $400. The Court will retain Plaintiff's 23-page letter (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. To the extent that the 23-page letter is not Plaintiff's complaint, Plaintiff shall file his complaint within thirty (30) days from the date of this order on the form provided by this Court.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either: (1) file a fully 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 filing fee of $400.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of Plaintiff's 23-page letter (ECF No. 1-1). If Plaintiff chooses to submit a new complaint, he shall do so within thirty (30) days from the date of this order.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the 23-page letter (ECF No. 1-1), but shall not file it at this time.
IT IS FURTHER ORDERED that a decision on the motion for appointment of counsel (ECF No. 1-2) is deferred at this time.
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United States Magistrate Judge