Boggs Jr v. Trombal et al

Filing 3

ORDER Payment of filing fees or IFP due 8/10/2020. Signed by Magistrate Judge Elayna J. Youchah on 6/9/2020. (Copies have been distributed pursuant to the NEF, cc: IFP w/Instructions - JM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 HARRY LEE BOGGS, JR., 4 Plaintiff, 5 6 Case No. 2:20-cv-01012-KJD-EJY ORDER v. TROMBAL, et al., 7 Defendants. 8 9 I. DISCUSSION 10 On May 26, 2020, Plaintiff, an inmate in the custody of the Clark County Detention Center 11 (“CCDC”), submitted a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1-1). Plaintiff has 12 neither paid the full $400 filing fee for this matter nor filed an application to proceed in forma 13 pauperis. 14 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a 15 civil action may apply to proceed in forma pauperis, which allows the inmate to file the civil action 16 without prepaying the full $400 filing fee. To apply for in forma pauperis status, the inmate must 17 submit all three the following documents to the Court: 18 (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Court’s 19 approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3), 20 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 21 (i.e. page 4 of this Court’s approved form), and 22 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 23 six-month period. 24 The Court grants Plaintiff a one-time extension to file a fully complete application to proceed 25 in forma pauperis containing all three of the required documents, or in the alternative, pay the full 26 $400 filing fee for this action on or before August 10, 2020. Absent unusual circumstances, the 27 Court will not grant any further extensions of time. If Plaintiff is unable to file a fully complete 28 1 application to proceed in forma pauperis with all three required documents or pay the full $400 filing 2 fee on or before August 10, 2020, the Court will dismiss this case without prejudice for Plaintiff to 3 file a new case with the Court when Plaintiff is either able to acquire all three of the documents 4 needed to file a fully complete application to proceed in forma pauperis or pay the full $400 filing 5 fee. 6 A dismissal without prejudice means Plaintiff does not give up the right to refile the case 7 with the Court, under a new case number, when Plaintiff has all three documents needed to submit 8 with an application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file an 9 application to proceed in forma pauperis and instead pay the full filing fee of $400 on or before 10 August 10, 2020 to proceed with this case. The Court will retain Plaintiff’s civil rights complaint 11 (ECF No. 1-1), but the Court will not file the complaint unless and until Plaintiff timely files a fully 12 complete application to proceed in forma pauperis with all three documents or pays the full $400 13 filing fee. 14 II. CONCLUSION 15 For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the Court shall send 16 Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the 17 document entitled information and instructions for filing an in forma pauperis application. 18 IT IS FURTHER ORDERED that on or before August 10, 2020, Plaintiff shall either pay 19 the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 20 administrative fee) or file with the Court: 21 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s 22 approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page 23 3), 24 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 25 (i.e. page 4 of this Court’s approved form), and 26 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 27 six-month period. 28 -2- 1 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to 2 proceed in forma pauperis with all three documents or pay the full $400 filing fee for a civil action 3 on or before August 10, 2020, the Court will dismiss this action without prejudice for Plaintiff to 4 refile the case with the Court, under a new case number, when Plaintiff has all three documents 5 needed to file a complete application to proceed in forma pauperis or is able to pay the filing fee.. 6 7 8 IT IS FURTHER ORDERED that the Clerk of the Court shall retain the Complaint (ECF No.1-1) but will not file it at this time. Dated this 9th day of June, 2020 9 10 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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