Starks v Barber, et al

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is denied without prejudice. FURTHER ORDERED that Plaintiff shall file a complete Application to Proceed in Forma Pauperis. In the alternative, Plaintiff may make the ne cessary arrangements to pay the filing fee of three hundred fifty dollars ($350), accompanied by a copy of this Order. Plaintiff shall have thirty (30) days from the date on which this Order is entered to comply. Signed by Magistrate Judge Carl W. Hoffman on 2/6/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RENA E. STARKS,

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Plaintiff,
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vs.
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N/A,
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Defendant.
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____________________________________)

Case No. 2:13-cv-00188-MMD-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion/Application to Proceed in Forma
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Pauperis (#1), filed on February 5, 2013. Plaintiff is proceeding in this action pro se. She has
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requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis, and she
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submitted a complaint on July 3, 2012.
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Pursuant to 28 U.S.C. § 1915(a), a filing fee of $350.00 is required to commence a civil
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action in federal district court. The court may only authorize the commencement of an action
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without prepayment of fees and costs or security therefor, by a person who submits an affidavit
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that includes a statement showing the person is unable to pay such costs. 28 U.S.C. § 1915(a)(1).
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This Court’s Local Rules provide that “[a]ny person, who is unable to prepay the fee in a civil
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case, may apply to the Court for authority to proceed in forma pauperis. The application shall be
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made on the form provided by the Court and shall include a financial affidavit disclosing the
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applicant’s income, assets, expenses and liabilities.” LSR 1-1.
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Plaintiff’s application is incomplete. In response to question three related to other
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income, Plaintiff indicates that she receives support in the form of “Spouse 62 on SSDI deemed
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below poverty level.” The Court understands that Plaintiff may receive support from another
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governmental agency that she has deemed below poverty level, but that is not a sufficient ground
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for Plaintiff to not fully answer the question. Given that Plaintiff has not provided the amount of

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income she receives, the Court cannot determine if it exceeds her expenses. As a result, the

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Court cannot determine whether Plaintiff is eligible to proceed in forma pauperis.

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Having concluded that Plaintiff is not entitled at this time to proceed in forma pauperis,

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the Court need not screen the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires the

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dismissal of the case at any time if the Court determines that it is frivolous or malicious or fails

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to state a claim upon which relief can be granted or seeks monetary relief against a defendant

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who is immune from such relief. However, the Court notes that Plaintiff has failed to name a

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defendant in her complaint and she should correct that error in any subsequent filing.

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Based on the foregoing and good cause appearing therefore,
IT IS ORDERED that Plaintiff’s Application to Proceed In Forma Pauperis (#1) is
denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff shall file a complete Application to

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Proceed in Forma Pauperis. In the alternative, Plaintiff may make the necessary arrangements to

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pay the filing fee of three hundred fifty dollars ($350), accompanied by a copy of this Order.

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Plaintiff shall have thirty (30) days from the date on which this Order is entered to comply.

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Failure to comply with this Order will result in a recommendation to the District Judge that

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Plaintiff’s Application to Proceed in Forma Pauperis be denied with prejudice.

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DATED this 6th day of February, 2013.

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___________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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