Allison v. Commissary of Clark County Detention Center

Filing 2

ORDER Re: #1 Receipt of Initiating Documents. IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application. IT IS FURTHER ORDERED that on or before December 15, 2020, Plaintiff shall either pay the full $400 filing fee for a civil action or file with the Court: See Order for details. IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to proceed in forma pauperis with all three documents or pay the full $400 filing fee for a civil action on or before December 15, 2020, the Court will dismiss this action without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff has all three documents needed to file a complete application to proceed in forma pauperis or pays the full $400 filing fee. IT IS HEREBY ORDERED that the Clerk of the Court shall retain Plaintiff's complaint (ECF No. #1 -1) but will not file it at this time. Signed by Magistrate Judge Elayna J. Youchah on 10/16/2020. (Copies have been distributed pursuant to the NEF - cc to P IFP for inmate and instructions HAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RONALD ALLISON,

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Case No. 2:20-cv-1803-KJD-EJY

Plaintiff,
ORDER
v.
COMMISSARY OF CLARK COUNTY
DETENTION CENTER,
Defendant.

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On September 22, 2020, Plaintiff, an inmate in the custody of the Clark County Detention

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Center (“CCSD”), filed what appears to be a proposed complaint, thereby initiating a civil action in

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this Court. ECF No. 1-1. Plaintiff has neither paid the $400 filing fee for this matter. Plaintiff also

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has not filed an application to proceed in forma pauperis.

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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a

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civil action may apply to proceed in forma pauperis, which allows the inmate to file the civil action

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without prepaying the full $400 filing fee. To apply for in forma pauperis status, the inmate must

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submit all three of the following documents to the Court:

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(1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Court’s

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approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3),

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(2) a Financial Certificate properly signed by both the inmate and a prison or jail official

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(i.e. page 4 of this Court’s approved form), and

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(3) a copy of the inmate’s prison or jail trust fund account statement for the previous

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six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff

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must still submit an inmate account statement for the dates he has been present at the facility.

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The Court grants Plaintiff a one-time extension to file a fully complete application to proceed

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in forma pauperis containing all three of the required documents or, in the alternative, pay the $400

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filing fee for this action on or before December 15, 2020. Absent unusual circumstances, the Court

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will not grant any further extensions of time. If Plaintiff is unable to file a fully complete application
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to proceed in forma pauperis with all three required documents or pay the full $400 filing fee on or

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before December 15, 2020, the Court will dismiss this case without prejudice for Plaintiff to file a

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new case with the Court when Plaintiff is able to acquire all three of the documents needed to file a

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fully complete application to proceed in forma pauperis or pay the $400 filing fee.

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A dismissal without prejudice means Plaintiff does not give up the right to refile the case

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with the Court, under a new case number, when Plaintiff has all three documents needed to submit

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with the application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file an

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application to proceed in forma pauperis and instead pay the filing fee of $400 on or before

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December 15, 2020 to proceed with this case.

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The Court will retain Plaintiff’s complaint (ECF No. 1-1), but the Court will not file the

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complaint unless and until Plaintiff timely files a fully complete application to proceed in forma

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pauperis with all three documents or pays the full $400 filing fee.

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For the foregoing reasons,

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IT IS HEREBY ORDERED that the Clerk of the Court shall send Plaintiff the approved form

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application to proceed in forma pauperis by an inmate, as well as the document entitled information

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and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before December 15, 2020, Plaintiff shall either pay

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the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50

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administrative fee) or file with the Court:

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(1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s

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approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page

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3),

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(2) a Financial Certificate properly signed by both the inmate and a prison or jail official

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(i.e. page 4 of this Court’s approved form), and

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(3) a copy of the inmate’s prison or jail trust fund account statement for the previous

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six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff

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must still submit an inmate account statement for the dates he has been present at the facility.

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IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to

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proceed in forma pauperis with all three documents or pay the full $400 filing fee for a civil action

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on or before December 15, 2020, the Court will dismiss this action without prejudice for Plaintiff

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to refile the case with the Court, under a new case number, when Plaintiff has all three documents

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needed to file a complete application to proceed in forma pauperis or pays the full $400 filing fee.

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IT IS HEREBY ORDERED that the Clerk of the Court shall retain Plaintiff’s complaint
(ECF No. 1-1) but will not file it at this time.

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Dated this 16th day of October, 2020.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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