Washington v. Lippmann et al

Filing 5

ORDER granting 4 Motion/Application for Leave to Proceed in forma pauperis; Plaintiff shall be required to pay an initial installment fee in the amount of $16.80 on or before 11/16/2020. The Clerk shall provide TWO copies of this order to Plaintiff, and plaintiff is responsible for making the necessary arrangements to have one copy of this Order attached to the check in the amount of the designated fee. The Clerk shall send a copy of this Order to the attention of the inmate accounts department at Clark County Detention Center, 330 South Casino Center, Las Vegas, Nevada 89101. Signed by Magistrate Judge Nancy J. Koppe on 10/16/2020. (Copies have been distributed pursuant to the NEF; two copies to plaintiff, one copy to inmate accounts and one copy to NVD-Finance - DRS)(SLD).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MICHAEL WASHINGTON, 9 Case No.: 2:20-cv-01854-GMN-NJK Plaintiff(s), 8 ORDER v. [Docket No. 4] 10 DANIEL LIPPMANN, et al., 11 Defendant(s). 12 Pending before the Court is Plaintiff’s application to proceed in this action in forma 13 pauperis. Docket No. 4. Subject to the conditions outlined below, the Court GRANTS the 14 application to proceed in forma pauperis. 15 Plaintiff must pay an initial partial filing fee of the greater of twenty percent of the average 16 monthly deposits or twenty percent of the average monthly balance of his account for the six 17 months immediately preceding the commencement of this action. See 28 U.S.C. § 1915(b)(1). 18 Plaintiff’s average monthly balance is $84.41, and his average monthly deposit is $50.00. 19 Therefore, the Court finds that Plaintiff must pay an initial partial filing fee of $16.88. 20 Accordingly, IT IS ORDERED: 21 1. Plaintiff’s application to proceed in forma pauperis without having to prepay the 22 full filing fee is GRANTED. Docket No. 4. However, Plaintiff shall be required to pay an initial 23 installment fee in the amount of $16.88 toward the full filing fee of $400, which includes the $350 24 filing fee and a $50 administrative fee. Plaintiff shall have the designated fee sent to the Clerk’s 25 Office, no later than November 16, 2020. Failure to do so may result in dismissal of this action. 26 27 28 1 1 Furthermore, even if this action is dismissed, the full filing fee must still be paid pursuant to 28 2 U.S.C. § 1915(b)(2). 1 3 2. Plaintiff is permitted to maintain this action to conclusion without the necessity of 4 prepayment of any additional fees or costs or the giving of security therefor. This Order granting 5 in forma pauperis status shall not extend to the issuance and/or service of subpoenas at government 6 expense. 7 3. The Clerk’s Office shall provide Plaintiff with two copies of this Order. Plaintiff 8 is ordered to make the necessary arrangements to have one copy of this Order attached to the check 9 in the amount of the designated fee. 10 4. The Clerk’s Office shall send a copy of this Order to the attention of the inmate 11 accounts department at Clark County Detention Center, 330 South Casino Center, Las Vegas, 12 Nevada 89101. Pursuant to 28 U.S.C. § 1915(b)(2), Clark County Detention Center shall forward 13 to the Clerk of the United States District Court, District of Nevada, twenty percent of the preceding 14 month’s deposits to Plaintiff’s inmate trust account (in the months that the account exceeds $10.00) 15 until the full $400 filing fee has been paid for this action. 16 5. The Clerk’s Office shall provide a copy of this Order to the Finance Division of the 17 Clerk’s Office. 18 IT IS SO ORDERED. 19 Dated: October 16, 2020 ______________________________ Nancy J. Koppe United States Magistrate Judge 20 21 22 23 24 25 26 27 1 After it has received the partial filing fee as ordered herein, the Court will screen Plaintiff’s complaint as required by 28 U.S.C. § 1915. Nothing in this order should be construed 28 as suggesting that the Court will allow any of Plaintiff’s claims to proceed past the screening phase. 2

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