Vidal v. Arnold et al

Filing 3

ORDER that Plaintiff shall have until thirty (30) days from the date of this order to either pay the appropriate filing fee of $400.00, or submit a completed application for IFP. Signed by Magistrate Judge George Foley, Jr on 11/20/2017. (Copies have been distributed pursuant to the NEF, cc: IFP to P - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANCISCO VIDAL,

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Plaintiff,
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vs.
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CAROL ARNOLD, et al.,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-02885-RFB-GWF
ORDER

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On November 16, 2017, Plaintiff Francisco Vidal filed his Civil Rights Complaint Pursuant

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to 42 U.S.C. § 1983 (ECF No. 1). However, Plaintiff failed to pay the filing fee or file an

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application to proceed in forma pauperis.

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Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 plus an additional $50

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administrative fee is required to commence a civil action in federal district court. The court may

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authorize the commencement of an action without prepayment of fees and costs or security if the

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plaintiff is granted in forma pauperis status by the Court. 28 U.S.C. § 1915(a)(1). To proceed in

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forma pauperis, a plaintiff must submit an in forma pauperis application to the Court, accompanied

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by an In Forma Pauperis Motion Financial Certificate and a copy of the plaintiff’s prison account

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statement showing the current balance of the account.

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Should Plaintiff decide to apply for in forma pauperis status, he is notified that he will still

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be required to pay a total amount of $400.00, which will be deducted from his prison account in

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installments. Pursuant to the Prison Litigation Reform Act of 1995, the District Court is required

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to assess a fee where a prisoner is granted leave to proceed in forma pauperis in a civil action and

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the prison officials are required to collect and remit the money to the Court. See 28 U.S.C. §

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1915(b)(1)-(2). If the plaintiff does not have $400.00, the plaintiff will be required to pay either

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20% of the average monthly balance or 20% of the average monthly deposits, whichever is greater.

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Furthermore, the plaintiff will be required to pay installments of 20% of the preceding month’s

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deposits to the account in months that the account balance exceeds $10.00. Accordingly,

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IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff an Application

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to Proceed In Forma Pauperis (Prisoner), In Forma Pauperis Motion Financial Certificate and

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Instructions for the Application to Proceed In Forma Pauperis.

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IT IS FURTHER ORDERED that Plaintiff shall have until thirty (30) days from the date

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of this order to either pay the appropriate filing fee of $400.00, or submit a completed application

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and affidavit in support of his request to proceed in forma pauperis. Plaintiff’s failure to comply

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with this order will result in the recommendation that this action be dismissed.

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DATED this 20th day of November, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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