Harrell v. Circle K et al

Filing 3

ORDER re 1 Receipt of Initiating Documents. Plaintiff shall have until 3/24/2017 to file IFP or pay the full filing fee. Signed by Magistrate Judge Peggy A. Leen on 2/21/2017. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 MATTHEW L. HARRELL, 8 v. 9 Case No. 2:15-cv-02359-JCM-PAL Plaintiff, ORDER CIRCLE K CLERK, et al., 10 (Receipt of Initiating Docs – ECF No. 1) Defendants. 11 12 This matter is before the court on Plaintiff Matthew L. Harrell’s failure to pay the standard 13 filing fee or submit an application to proceed in forma pauperis (“IFP”) in this case. This 14 proceeding is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of 15 the Local Rules of Practice. 16 Mr. Harrell is or was a prisoner in the custody of the Clark County Detention Center and 17 is proceeding in this action pro se, which means that he is not represented by an attorney. See LSR 18 2-1. He submitted a complaint as part of his initiating documents on December 9, 2015 (ECF 19 No. 1), but he did not submit an IFP application for incarcerated litigants or remit the $400.00 20 filing fee.1 Unfortunately, the court only recently realized his case had not been processed. Given 21 the lapse of time since the initial filing it is unknown whether Mr. Harrell is still in custody. 22 In order to proceed in this action without paying the standard filing fee, 28 U.S.C. § 1915 23 and LSR 1-1 provide that a prisoner must submit the court’s form IFP application along with: (1) 24 a financial certificate signed by an authorized officer of the institution in which he or she is 25 /// 26 27 28 1 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. 1 1 incarcerated,2 (2) a copy of his or her inmate trust account statement for the six-month period prior 2 to filing,3 and (3) a signed financial affidavit showing an inability to prepay fees and costs or give 3 security for them.4 4 Accordingly, 5 IT IS ORDERED: 6 1. The Clerk of the Court is instructed to mail Plaintiff Matthew L. Harrell a blank form 7 Application to Proceed in Forma Pauperis for incarcerated litigants with instructions. 8 2. Mr. Harrell shall have until March 24, 2017, to file the Application to Proceed in 9 Forma Pauperis, accompanied by: (a) a signed and executed financial certificate, (b) a 10 signed and executed financial affidavit, and (c) a statement of his/her inmate trust 11 account. 3. Alternatively, Mr. Harrell shall pay the filing fee of $400.00 accompanied by a copy of 12 this Order, on or before March 24, 2017. 13 14 4. Mr. Harrell’s failure to comply with this Order by: (a) submitting an Application to 15 Proceed In Forma Pauperis, or (b) paying the filing fee, before the deadline will result 16 in a recommendation to the district judge that this case be dismissed. 17 2 18 19 20 21 22 23 24 25 3 28 U.S.C. § 1915(a)(2) states: A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined. (emphasis added). 4 26 27 28 Local Rule LSR 1-2 provides: An application to proceed in forma pauperis received from an incarcerated or institutionalized person shall be accompanied by a certificate from the institution certifying the amount of funds currently held in the applicant’s trust account at the institution and the net deposits in the applicant’s account for the six (6) months preceding the submission of the application. If the applicant has been at the institution for less than six (6) months, the certificate shall show the account’s activity for such period. 28 U.S.C. § 1915(a)(2) states: [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. 2 1 5. The Clerk of Court shall retain Mr. Harrell’s complaint. 2 Dated this 21st day of February, 2017. 3 4 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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