Ramos-Rodriguez v. Beck et al

Filing 5

ORDER granting 3 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff must pay an initial partial filing fee in the amount of $11.78 toward the full $350 filing fee. He shall have until 5/10/2017. The complaint shall be retained but summons not issued. Signed by Magistrate Judge Peggy A. Leen on 4/10/2017. (Copies have been distributed pursuant to the NEF, cc: CCDC - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUAN MANUEL RAMOS RODRIGUEZ
A/K/A JULIO ESTRADA LOPEZ,

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Case No. 2:17-cv-00498-APG-PAL
ORDER

Plaintiff,

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v.

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(IFP App. – ECF No. 3)

ALYN BECK, et al.,

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Defendants.

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This matter is before the court on Plaintiff Juan Manuel Ramos Rodriguez’s (a/k/a Julio

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Estrada Lopez) Application to Proceed In Forma Pauperis (ECF No. 3). This Application is

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referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local Rules

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of Practice.

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Mr. Rodriguez is a prisoner in custody at the Clark County Detention Center. He is

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proceeding in this action pro se, which means that he is not represented by counsel. See LSR 2-1.

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Pursuant to 28 U.S.C. § 1915 and LSR 1-1 of the Local Rules of Practice, any person who is unable

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to prepay the fees in a civil case may apply to the court for authority to proceed in forma pauperis

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(“IFP”), meaning without prepaying the full $400 filing fee.1 In general, when a district court

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grants a prisoner IFP status, federal law states that “the prisoner shall be required to pay the full

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amount of the filing fee.” 28 U.S.C. § 1915(b)(1). The district court determines the appropriate

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amount of an initial partial filing fee based on a formula provided in the statute. Id. Prisoners

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must pay an initial partial filing fee of the greater of twenty percent (20%) of the average monthly

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deposits or twenty percent (20%) of the average monthly balance of his account for the six months

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The $400 filing fee consists of a $350 base fee and a $50 administrative fee. Pursuant to the court’s
Schedule of Fees dated January 1, 2015, the $50 administrative fee does not apply to persons granted in
forma pauperis status under 28 U.S.C. § 1915.

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immediately preceding the start of this action. See 28 U.S.C. § 1915(b)(1). After the initial partial

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filing fee is paid, the facility having custody of the prisoner will forward payments from the

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prisoner’s account each month. See 28 U.S.C. § 1915(b)(2). Rodriguez is therefore advised that

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even if this action is dismissed, he must still pay the full filing fee pursuant to § 1915(b) and the

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monthly payments from his inmate account will continue until the balance is paid. A prisoner’s

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failure to pay the initial partial filing fee before the deadline stated in the court’s order, which

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typically allow 30 days, “shall be cause for cause for dismissal of the case.” LSR 1-3(c).

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Here, Mr. Rodriguez has submitted a complaint along with the financial affidavit, financial

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certificate, and inmate account statement required by 28 U.S.C. § 1915(a)(2) and LSR 1-1 and 1-

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2. His financial affidavit shows that he is unable to prepay fees and costs or give security for them.

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Accordingly, the court will grant his request to proceed IFP pursuant to § 1915(a). Rodriguez’s

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average monthly balance is $58.90, and his average monthly deposits are $14.17. Therefore, the

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court finds that he must pay an initial partial filing fee of $11.78, and he shall have until May 10,

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2017, to submit his partial filing fee.

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Upon receipt of the initial partial filing fee, the court will screen Rodriguez’s complaint as

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required by 28 U.S.C. §§ 1915(e)(2) and 1915A(a); Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir.

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2000) (en banc) (noting that § 1915(e)’s screening requirement “applies to all in forma pauperis

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complaints”).2 If the complaint states a valid claim for relief, the court will direct the Clerk of the

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Court to issue summons to the defendant(s) and instruct the United States Marshal Service to serve

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the summons and complaint. Cf. Fed. R. Civ. P. 4(c)(3); LSR 1-3(c) (requiring that a prisoner’s

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initial partial filing fee be paid “before the Court will order service of process”).

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff Juan Manuel Ramos Rodriguez’s Application to Proceed In Forma Pauperis

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(ECF No. 3) is GRANTED. Mr. Rodriguez is permitted to maintain this action to

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conclusion without prepaying the $350 filing fee or costs or giving other security

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28 U.S.C. § 1915A(a) requires district courts to “review, before docketing, if feasible or, in any event, as
soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a
government entity or officer or employee of a governmental entity.”

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therefor. This Order granting IFP status shall not extend to issuance and/or service of

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subpoenas at government expense.

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2. Mr. Rodriguez must pay an initial partial filing fee in the amount of $11.78 toward the

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full $350 filing fee. He shall have until May 10, 2017, to have the $11.78 initial partial

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filing fee sent to the Clerk of the Court.

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3. The Clerk of the Court shall retain Rodriguez’s complaint, but SHALL NOT issue
summons.

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4. The Clerk of Court shall MAIL Mr. Rodriguez two copies of this Order. Rodriguez

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must make the necessary arrangements to have one copy of this Order attached to a

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check in the amount of the initial partial filing fee.

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5. Beginning the month following Rodriguez’s payment of the initial partial filing fee, the

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Clark County Detention Center (“CCDC”) shall forward to the Clerk of the United

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

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month’s deposits to Plaintiff’s account (in the months that the account exceeds $10.00)

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until the full $350 filing fee has been paid for this action pursuant to 28 U.S.C.

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§ 1915(b)(2).

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a. 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 CCDC Accounting Supervisor, 330 S. Casino

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Center Blvd., Las Vegas, NV 89101.

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b. If Plaintiff should be transferred into the custody of the Nevada Department of

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Prisons, the CCDC Accounting Supervisor is directed to send a copy of this

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Order to the attention of the Chief of Inmate Services for the Nevada

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Department of Prisons, P.O. Box 7011, Carson City, NV 89702, and indicate

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the amount that Plaintiff has paid towards his filing fee so that funds may

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continue to be deducted from his account.

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6. Upon receipt of the initial partial filing fee, the court will screen Rodriguez’s complaint

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pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(a). Even if this action is dismissed,

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Rodriguez must still pay the full $350 filing fee pursuant to 28 U.S.C. § 1915(b)(2).
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7. Mr. Rodriguez’s failure to comply with this Order by paying his initial partial filing fee

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before the May 10, 2017 deadline will result in a recommendation to the district judge

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that this case be dismissed.

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Dated this 10th day of April, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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