1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 ROBERTO DURAND, Case No. 3:22-cv-00276-MMD-CLB

4 Plaintiff ORDER

5 v.

6 K CALDWELL,

7 Defendant

8 9 I. DISCUSSION 10 On June 27, 2022, this Court ordered Plaintiff to file a fully complete application to 11 proceed in forma pauperis ("IFP application") or pay the full $402 filing fee for a civil action 12 on or before August 27, 2022. (ECF No. 3 at 2). On June 29, 2022, Plaintiff filed an 13 incomplete IFP application. (ECF Nos. 4.) As the Court stated in its previous order, to 14 be complete, an IFP application must include an inmate account statement for the 15 previous six-month period. Plaintiff has not submitted an inmate account statement with 16 his IFP application documents. 17 The Court denies Plaintiff’s incomplete IFP application without prejudice. Because 18 it appears that an extension of the initial deadline and another court order are meaningful 19 alternatives to dismissal here, the Court will grant Plaintiff one final opportunity to submit 20 an inmate account statement for the previous six-month period to the Court on or before 21 October 16, 2022. See Henderson v. Duncan,

(9th Cir. 1986) 22 (providing that “district court need not exhaust every sanction short of dismissal before 23 finally dismissing a case, but must explore possible and meaningful alternatives”). 24 II. CONCLUSION 25 For the foregoing reasons, IT IS ORDERED that Plaintiff’s IFP application (ECF 26 No. 4) is denied without prejudice. 27 IT IS FURTHER ORDERED that on or before October 16, 2022, Plaintiff shall 28 either: (1) file a fully complete IFP application, on the correct form with complete financial 1| attachments in compliance with

(a); or (2) pay the full $402 fee for filing a-civil action (which includes the $350 filing fee and the $52 administrative fee). 3 IT IS FURTHER ORDERED that, if Plaintiff does not timely comply with this order, 4} this case will be subject to dismissal without prejudice for Plaintiff to refile the case with 5 | the Court, under a new case number, when Plaintiff is able to submit a fully complete 6 | application to proceed in forma pauperis or pay the full $402 filing fee for a civil action. 7 8 DATED: September 15, 2022 . 9 10 UNITED ares MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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