Aubert et al v. Attorney General of the State of Nevada

Filing 5

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THAD AUBERT,

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Case No. 2:20-cv-01834-GMN-DJA
Petitioner,

v.

ORDER

RENEE BAKER, et al.,
Respondents.

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Petitioner Thad Aubert, a Nevada state prisoner, has submitted a pro se Petition for Writ

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of Habeas Corpus (ECF No. 1-1) pursuant to 28 U.S.C. § 2254. This habeas matter is before the

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Court on Aubert’s Application to Proceed In Forma Pauperis (ECF No. 1).

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Under 28 U.S.C. § 1914(a) and the Judicial Conference Schedule of Fees, a $5.00 filing

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fee is required to initiate a habeas action in a federal district court. The court may authorize a

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person to begin an action without prepaying fees and costs if the person demonstrates poverty

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through an IFP application. A prisoner’s IFP application must be submitted on the court’s form

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and include specific financial information: (1) a copy of the prisoner’s account statement for the

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six-month period prior to filing, (2) a financial certificate signed by the prisoner and an authorized

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prison official, and (3) the prisoner’s financial acknowledgement confirming under the penalty of

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perjury that the financial information is true. 28 U.S.C. § 1915; LSR 1-1, LSR 1-2.

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Here, Aubert has requested IFP status to waive his filing fee. However, he did not submit

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a financial certificate signed by an authorized officer at the Nevada Department of Corrections. In

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addition, Aubert has not submitted a certified copy of his inmate trust account statement for the

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six-month period preceding this habeas action. Although he may qualify for IFP status, the Court

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is unable to make such determination without all of the correct documents. Aubert’s IFP

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application lacks the appropriate financial information and documentation required by § 1915(a)

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and the Local Rules and is therefore denied without prejudice. He will have approximately 45

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days from the date of this order to either pay the $5.00 filing fee or submit a complete IFP

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application with all required attachments.

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IT IS THEREFORE ORDERED:

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1. Petitioner Thad Aubert’s Application to Proceed In Forma Pauperis (ECF No. 1) is

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DENIED WITHOUT PREJUDICE.

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2. The Clerk of Court shall RETAIN Aubert’s Petition for Writ of Habeas Corpus (ECF

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No. 1-1), and MAIL Aubert a blank IFP application for incarcerated individuals along

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with instructions.

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3. Aubert must file a complete IFP application by November 30, 2020, which must

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include: (i) a financial certificate signed by Aubert and an authorized prison official,

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(ii) Aubert’s financial affidavit and acknowledgement, and (iii) a statement of Aubert’s

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inmate trust account for the six-month period prior to filing.

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4. Alternatively, Aubert must pay the $5 filing fee by November 30, 2020.

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5. The initial screening of Aubert’s Petition for Writ of Habeas Corpus (ECF No. 1) under

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the Rules Governing Section 2254 Cases in the United States District Courts and

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consideration of the Motion for Appointment of Counsel (ECF No. 3) and Motion to

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Stay Petition (ECF No. 4) are deferred to until such time as he has fully complied with

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this order.

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6. Aubert’s failure to comply with this Order by submitting a completed IFP application

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with the required documents, or paying the filing fee, before the November 30, 2020

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deadline will result in the dismissal of the petition without prejudice and without further

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advance notice.

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DATED: October 15, 2020

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________________________________
GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE

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