Gaines v. Hutch et al

Filing 3

ORDER denying #1 Application for Leave to Proceed in forma pauperis without prejudice; Payment of filing fees due 12/14/2020. See Order for details. Signed by Magistrate Judge Brenda Weksler on 10/16/2020. (Copies have been distributed pursuant to the NEF - cc to P IFP and instructions - HAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN GAINES,
aka Kenya Gaines,

ORDER
Plaintiff

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v.

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HUTCH, et al.,
Defendants

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Case No. 2:20-cv-01908-APG-BNW

I.

DISCUSSION
On October 13, 2020, Plaintiff, an inmate in the custody of the Nevada Department

of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and
filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application
to proceed in forma pauperis is incomplete.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin
a civil action in this Court may apply to proceed in forma pauperis in order to file the civil
action without prepaying the full $400 filing fee. To apply for in forma pauperis status, the
inmate must submit all three of the following documents to the Court:
(1) a completed Application to Proceed in Forma Pauperis for Inmate, this
Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on
page 3),
(2) a Financial Certificate properly signed by both the inmate and a prison or jail
official (i.e. page 4 of this Court’s approved form), and
(3) a copy of the inmate’s prison or jail trust fund account statement for the
previous six-month period.
Plaintiff has not submitted a Financial Certificate (page 4 of this Court’s approved
form) or an inmate account statement for the previous six-month period. Accordingly, the
Court denies Plaintiff’s application to proceed in forma pauperis (ECF No. 1) without
prejudice because the application is incomplete. The Court will grant Plaintiff a one-time

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extension to file a fully complete application to proceed in forma pauperis containing all

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three of the required documents. Plaintiff will file a fully complete application to proceed

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in forma pauperis on or before December 14, 2020. Absent unusual circumstances, the

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Court will not grant any further extensions of time. If Plaintiff does not file a fully complete

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application to proceed in forma pauperis with all three required documents on or before

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December 14, 2020, the Court will dismiss this case without prejudice for Plaintiff to file

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

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needed to file a fully complete application to proceed in forma pauperis or pays the full

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$400 filing fee.

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

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

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needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff

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may choose not to file an application to proceed in forma pauperis and instead pay the

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full filing fee of $400 on or before December 14, 2020 to proceed with this case.

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The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but the Court

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will not file the complaint unless and until Plaintiff timely files a fully complete application

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to proceed in forma pauperis with all three documents or pays the full $400 filing fee.

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II.

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed

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in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete

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application to proceed in forma pauperis with all three documents.

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IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the

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approved form application to proceed in forma pauperis by an inmate, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before December 14, 2020, Plaintiff will

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

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the $50 administrative fee) or file with the Court:

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

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

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signatures on page 3),

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

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official (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

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previous six-month period.

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

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application to proceed in forma pauperis with all three documents or pay the full $400

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filing fee for a civil action on or before December 14, 2020, the Court will dismiss this

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action without prejudice for Plaintiff to refile the case with the Court, under a new case

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number, when Plaintiff has all three documents needed to file a complete application to

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proceed in forma pauperis or pays the the full $400 filing fee.

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IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint

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(ECF No.1-1) but will not file it at this time.

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DATED: October 16, 2020.

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UNITED STATES MAGISTRATE JUDGE

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