Isaza v. Trotter et al

Filing 3

ORDER that 2 Application for Leave to Proceed in forma pauperis is DENIED without prejudice to file a new application. FURTHER ORDERED that within thirty days from the date of this order, Plaintiff must 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) and Local Rule of Special Proceedings 1-2; or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee). Signed by Magistrate Judge Carl W. Hoffman on 9/23/15. (Copies have been distributed pursuant to the NEF: blank ifp form w/instructions to plaintiff - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RIGOBERTO ENRIQUE ISAZA,
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Plaintiff,
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vs.
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EARL MARSHALL TROTTER, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-00891-JAD-CWH
ORDER

Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections, has

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submitted a complaint on the form for civil rights complaints pursuant to 42 U.S.C. § 1983 and has

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filed an application to proceed in forma pauperis. (ECF Nos. 1, 2).

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Plaintiff’s application to proceed in forma pauperis is incomplete. Pursuant to 28 U.S.C.

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§ 1915(a)(2) and Local Rule of Special Proceedings 1-2, Plaintiff must complete an application to

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proceed in forma pauperis, which consists of four pages, and must attach an inmate account

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statement for the last six months. Plaintiff submitted a financial certificate, which is the fourth

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page of the application to proceed in forma pauperis, as well as an inmate account statement. (See

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ECF No. 2.) However, Plaintiff did not submit the first three pages of the application to proceed in

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forma pauperis. (Id.) Without these pages, the Court is unable to evaluate whether Plaintiff may

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proceed in forma pauperis. As such, Plaintiff’s incomplete application to proceed in forma

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pauperis is denied without prejudice.

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The Court will retain Plaintiff’s complaint (ECF No. 1), but will not screen it until the

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matter of the payment of the filing fee is resolved. Plaintiff will be granted an opportunity to cure

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the deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full

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filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis,

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he must file a complete application to proceed in forma pauperis.

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IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma pauperis
(ECF No. 2) is DENIED without prejudice to file a new application.
IT IS FURTHER ORDERED that the Clerk of the Court must send Plaintiff the approved

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form application to proceed in forma pauperis by a prisoner, as well as the document titled

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“Information and Instructions for Filing an In Forma Pauperis Application.”

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IT IS FURTHER ORDERED that within thirty days from the date of this order, Plaintiff

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must either: (1) file a fully complete application to proceed in forma pauperis, on the correct form

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with complete financial attachments in compliance with 28 U.S.C. § 1915(a) and Local Rule of

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Special Proceedings 1-2; or (2) pay the full $400 fee for filing a civil action (which includes the

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$350 filing fee and the $50 administrative fee).
IT IS FURTHER ORDERED that Plaintiff’s failure to comply with this Order may result in
a recommendation that his case be dismissed.

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DATED: September 23, 2015.

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

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