Scott v. Kohn et al

Filing 3

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. See Order for deadlines. Signed by Magistrate Judge George Foley, Jr on 10/23/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 JEREMIAH SCOTT, ) ) Plaintiff, ) ) vs. ) ) PHILIP J. KOHN and STEVEN GRIERSON, ) ) Defendants. ) __________________________________________) Case No. 2:17-cv-02645-JAD-GWF ORDER 12 13 On October 11, 2017, Plaintiff Jeremiah Scott file his Civil Rights Complaint Pursuant to 42 14 U.S.C. § 1983 (ECF No. 1). However, Plaintiff failed to pay a filing fee or file an application to 15 proceed in forma pauperis.1 16 Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 plus an additional $50 17 administrative fee is required to commence a civil action in federal district court. The court may 18 authorize the commencement of an action without prepayment of fees and costs or security if the 19 plaintiff is granted in forma pauperis status by the Court. 28 U.S.C. § 1915(a)(1). To proceed in 20 forma pauperis, a plaintiff must submit an in forma pauperis application to the Court, accompanied 21 by an In Forma Pauperis Motion Financial Certificate and a copy of the plaintiff’s prison account 22 statement showing the current balance of the account. Should Plaintiff decide to apply for in forma pauperis status, he is notified that he will still 23 24 be required to pay a total amount of $400.00, which will be deducted from his prison account in 25 installments. Pursuant to the Prison Litigation Reform Act of 1995, the District Court is required to 26 assess a fee where a prisoner is granted leave to proceed in forma pauperis in a civil action and the 27 prison officials are required to collect and remit the money to the Court. See 28 U.S.C. § 28 1 Plaintiff’s one-page Civil Rights Complaint makes reference to another potential complaint in the “Nature of the Case/Cause of Action” section. However, there are no other documents accompanying the Civil Rights Complaint. 1 1915(b)(1)-(2). If the plaintiff does not have $400.00, the plaintiff will be required to pay either 2 20% of the average monthly balance or 20% of the average monthly deposits, whichever is greater. 3 Furthermore, the plaintiff will be required to pay installments of 20% of the preceding month’s 4 deposits to the account in months that the account balance exceeds $10.00. Accordingly, 5 IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff an Application 6 to Proceed In Forma Pauperis (Prisoner), In Forma Pauperis Motion Financial Certificate and 7 Instructions for the Application to Proceed In Forma Pauperis. 8 IT IS FURTHER ORDERED that Plaintiff shall have until thirty (30) days from the date 9 of this order to either pay the appropriate filing fee of $400.00, or submit a completed application 10 and affidavit in support of his request to proceed in forma pauperis. Plaintiff’s failure to comply 11 with this order will result in the recommendation that this action be dismissed. 12 DATED this 23rd day of October, 2017. 13 14 15 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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