Aubert et al v. Attorney General of the State of Nevada
ORDER denying, without prejudice, the 1 Motion/Application for Leave to Proceed in forma pauperis. Petitioner must either pay the filing fee in full or file a proper IFP application as outlined in the order on or before 11/30/2020. The Clerk is directed to MAIL Mr. Aubert a blank IFP application and instructions. Signed by Judge Gloria M. Navarro on 10/15/2020. (Copies have been distributed pursuant to the NEF; IFP Application and instructions MAILED as directed - DRS)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:20-cv-01834-GMN-DJA
RENEE BAKER, et al.,
Petitioner Thad Aubert, a Nevada state prisoner, has submitted a pro se Petition for Writ
of Habeas Corpus (ECF No. 1-1) pursuant to 28 U.S.C. § 2254. This habeas matter is before the
Court on Aubert’s Application to Proceed In Forma Pauperis (ECF No. 1).
Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00 filing
fee is required to initiate a habeas action in a federal district court. The court may authorize a
person to begin an action without prepaying fees and costs if the person demonstrates poverty
through an IFP application. A prisoner’s IFP application must be submitted on the court’s form
and include specific financial information: (1) a copy of the prisoner’s account statement for the
six-month period prior to filing, (2) a financial certificate signed by the prisoner and an authorized
prison official, and (3) the prisoner’s financial acknowledgement confirming under the penalty of
perjury that the financial information is true. 28 U.S.C. § 1915; LSR 1-1, LSR 1-2.
Here, Aubert has requested IFP status to waive his filing fee. However, he did not submit
a financial certificate signed by an authorized officer at the Nevada Department of Corrections. In
addition, Aubert has not submitted a certified copy of his inmate trust account statement for the
six-month period preceding this habeas action. Although he may qualify for IFP status, the Court
is unable to make such determination without all of the correct documents. Aubert’s IFP
application lacks the appropriate financial information and documentation required by § 1915(a)
and the Local Rules and is therefore denied without prejudice. He will have approximately 45
days from the date of this order to either pay the $5.00 filing fee or submit a complete IFP
application with all required attachments.
IT IS THEREFORE ORDERED:
1. Petitioner Thad Aubert’s Application to Proceed In Forma Pauperis (ECF No. 1) is
DENIED WITHOUT PREJUDICE.
2. The Clerk of Court shall RETAIN Aubert’s Petition for Writ of Habeas Corpus (ECF
No. 1-1), and MAIL Aubert a blank IFP application for incarcerated individuals along
3. Aubert must file a complete IFP application by November 30, 2020, which must
include: (i) a financial certificate signed by Aubert and an authorized prison official,
(ii) Aubert’s financial affidavit and acknowledgement, and (iii) a statement of Aubert’s
inmate trust account for the six-month period prior to filing.
4. Alternatively, Aubert must pay the $5 filing fee by November 30, 2020.
5. The initial screening of Aubert’s Petition for Writ of Habeas Corpus (ECF No. 1) under
the Rules Governing Section 2254 Cases in the United States District Courts and
consideration of the Motion for Appointment of Counsel (ECF No. 3) and Motion to
Stay Petition (ECF No. 4) are deferred to until such time as he has fully complied with
6. Aubert’s failure to comply with this Order by submitting a completed IFP application
with the required documents, or paying the filing fee, before the November 30, 2020
deadline will result in the dismissal of the petition without prejudice and without further
DATED: October 15, 2020
GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE
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