Isaza v. Trotter et al

Filing 7

ORDER that 4 Application for Leave to Proceed in forma pauperis is GRANTED. The Clerk shall file the complaint but not issue summons. The Court will screen Mr. Isaza's Complaint in a separate report of findings and recommendation. The Clerk o f the Court shall send a copy of this Order to the Finance Division of the Clerk's Office and the Accounting Supervisor of the High Desert State Prison.FURTHER ORDERED that 5 Motion to Issue Summons and 6 Motion to Extend Legal Copy Work are DENIED without prejudice. Signed by Magistrate Judge Peggy A. Leen on 5/13/16. (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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***

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RIGOBERTO E. ISAZA,

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Plaintiff,
v.

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Case No. 2:15-cv-00821-JCM-PAL
ORDER

EARL M. TROTTER, et al.,

(IFP App. – Dkt. #4; Mot. Issue Summons –
Dkt. #5; Mot. Ext. Copies – Dkt. #6)

Defendants.

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This matter is before the Court on Plaintiff Rigoberto E. Isaza’s Application to Proceed

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In Forma Pauperis (Dkt. #4), Motion to Issue Summons (Dkt. #5), and Motion to Extend Legal

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Copy Work (Dkt. #6). These Motions are referred to the undersigned pursuant to 28 U.S.C.

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§ 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice.

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I.

APPLICATION TO PROCEED IN FORMA PAUPERIS

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Mr. Isaza is a prisoner in the custody of the Nevada Department of Corrections and is

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proceeding in this action pro se. He commenced this action on April 30, 2015, by filing a civil

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rights complaint. See Receipt of Initiating Docs & Compl. (Dkt. #1). Isaza subsequently filed a

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Financial Certificate (Dkt. #2) without a corresponding request to proceed in forma pauperis

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(“IFP”) pursuant to 28 U.S.C. § 1915 and LSR 1-1 of the Local Rules of Practice. On March 10,

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2016, the Court issued an Order (Dkt. #3) giving Mr. Isaza the option of withdrawing his

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Complaint or timely filing an IFP application for incarcerated persons. He was informed that the

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Court seriously doubted that federal jurisdiction was proper in this case. Id. at 3. Additionally,

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he was told that, if the Court grants him IFP status, “he will be required, under 28 U.S.C. § 1915,

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to pay the full $350.00 filing fee, even if his complaint is dismissed.”1 Id. at 3:6–7. Mr. Isaza

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Pursuant to the court’s Schedule of Fees dated January 1, 2015, the administrative fee of $50.00 does
not apply to persons granted in forma pauperis status under 28 U.S.C. § 1915.

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opted to file an IFP Application (Dkt. #4) requesting permission to proceed IFP.

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Mr. Isaza’s financial documents show that he is unable to prepay fees and costs or give

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security for them. Accordingly, the Court will grant his request to proceed IFP pursuant to

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§ 1915(a). Isaza’s average monthly balance is $0, and his average monthly deposits are $0.

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Therefore, the Court finds that he is not required to pay an initial partial filing fee and he will pay

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the full $350 filing fee through monthly instalments from his inmate trust account. The Court

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will screen Mr. Isaza’s Complaint in a separate report of findings and recommendation.

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II.

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MOTION TO ISSUE SUMMONS AND MOTION TO EXTEND LEGAL COPY WORK
Mr. Isaza has prematurely filed two motions requesting relief. See Pl.’s Mot. to Issue

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Summons (Dkt. #5); Mot. to Extend Legal Copy Work (Dkt. #6).

The Court has not yet

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screened the Complaint pursuant to 28 U.S.C. § 1915 and found that it states a valid claim for

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relief. The Court will not direct issuance of summons to the defendants or extend legal copy

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work unless it first finds that Isaza states a colorable claim. The motions are denied without

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prejudice.

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff Rigoberto E. Isaza’s Application to Proceed In Forma Pauperis (Dkt. #4) is

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GRANTED.

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a. Mr. Isaza is permitted to maintain this action to conclusion without paying an

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initial installment fee; however, pursuant to 28 U.S.C. § 1915(b)(2), he must

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still make installment payments to satisfy the full $350 filing fee even if this

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action is dismissed.

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b. This Order granting in forma pauperis status shall not extend to the issuance
and/or service of subpoenas at government expense.

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2. The Clerk of the Court SHALL FILE the Complaint but SHALL NOT issue

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summons. The Court will screen Mr. Isaza’s Complaint in a separate report of

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findings and recommendation.

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3. Pursuant to 28 U.S.C. § 1915(b)(2), the High Desert State Prison shall forward to the

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Clerk of the United States District Court, District of Nevada, twenty percent (20%) of

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the preceding month’s deposits to Mr. Isaza’s inmate trust account (in the months that

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the account exceeds $10.00) until the full $350.00 filing fee has been paid for this

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action. The Clerk of the Court shall send a copy of this Order to the Finance Division

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of the Clerk’s Office and the Accounting Supervisor of the High Desert State Prison.

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If Isaza should be transferred, the Accounting Supervisor at High Desert State Prison

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is directed to send a copy of this Order to the new place of incarceration, indicating

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the amount that Isaza has paid towards his filing fee, so that funds may continue to be

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deducted from his account.
4. Plaintiff Rigoberto E. Isaza’s Motion to Issue Summons (Dkt. #5) and Motion to
Extend Legal Copy Work (Dkt. #6) are DENIED WITHOUT PREJUDICE.
Dated this 13th day of May, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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