Kurtze v. Lombardo 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. IT IS FURTHER ORDERED 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 and affidavit in support of his request to proceed in forma pauperis. Signed by Magistrate Judge George Foley, Jr on 3/13/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GIOVANNI KURTZE,

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Plaintiff,
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vs.
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JOSEPH LOMBARDO, et al.,
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Defendants.
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__________________________________________)

Case No. 2:18-cv-00445-APG-GWF

ORDER

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On March 9, 2018, Plaintiff Giovanni Kurtze filed his “First Amendment Bivens Action”

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(ECF No. 1-1). However, Plaintiff failed to pay the filing fee or file an application to proceed in

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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 to

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

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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.
DATED this 13th day of March, 2018.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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