Boyd v. Hunter

Filing 2

ORDER. IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff an Application to Proceed In Forma Pauperis (Prisoner), In Forma Pauperis Motion Financial Certificate and Instructions for the Application to Proceed In Forma Pauperis. IT IS FURTHER ORDERED that Plaintiff shall have until thirty (30) days from the date of this order to either pay the appropriate filing fee of $400.00, or submit a completed application and affidavit in support of her request to proceed in forma pauperis. Plaintiff's failure to comply with this order will result in the recommendation that this action be dismissed. Signed by Magistrate Judge George Foley, Jr on 8/31/16. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11
12
13
14
15

NIKCI BOYD,

)
)
Plaintiff,
)
)
vs.
)
)
OFFICER HUNTER,
)
)
)
Defendants.
)
__________________________________________)

Case No. 2:14-cv-02043-GMN-GWF
ORDER

On December 5, 2014, Plaintiff Nikci Boyd filed he Complaint (ECF No. 1). However,
Plaintiff failed to pay a filing fee or file an application to proceed in forma pauperis.
Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 plus an additional $50 administrative

16

fee is required to commence a civil action in federal district court. The court may authorize the

17

commencement of an action without prepayment of fees and costs or security if the plaintiff is granted

18

in forma pauperis status by the Court. 28 U.S.C. § 1915(a)(1). To proceed in forma pauperis, a

19

plaintiff must submit an in forma pauperis application to the Court, accompanied by an In Forma

20

Pauperis Motion Financial Certificate and a copy of the plaintiff’s prison account statement showing

21

the current balance of the account.

22

Should Plaintiff decide to apply for in forma pauperis status, she is notified that she will still

23

be required to pay a total amount of $4000.00, which will be deducted from her prison account in

24

installments. Pursuant to the Prison Litigation Reform Act of 1995, the District Court is required to

25

assess a fee where a prisoner is granted leave to proceed in forma pauperis in a civil action and the

26

prison officials are required to collect and remit the money to the Court. See 28 U.S.C. § 1915(b)(1)-

27

(2). Pursuant to the In Forma Pauperis (“IFP”) Motion Financial Certificate, a plaintiff must pay a

28

filing fee of $400.00. If the plaintiff does not have $400.00, the plaintiff will be required to pay either

1

20% of the average monthly balance or 20% of the average monthly deposits, whichever is greater.

2

Furthermore, the plaintiff will be required to pay installments of 20% of the preceding month’s

3

deposits to the account in months that the account balance exceeds $10.00. Accordingly,

4

IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff an Application to

5

Proceed In Forma Pauperis (Prisoner), In Forma Pauperis Motion Financial Certificate and

6

Instructions for the Application to Proceed In Forma Pauperis.

7

IT IS FURTHER ORDERED that Plaintiff shall have until thirty (30) days from the date of

8

this order to either pay the appropriate filing fee of $400.00, or submit a completed application and

9

affidavit in support of her request to proceed in forma pauperis. Plaintiff’s failure to comply with

10
11

this order will result in the recommendation that this action be dismissed.
DATED this 31st day of August, 2016.

12
13
14

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2