Bird v. Dzurenda et al

Filing 3

ORDER denying 1 Application for Leave to Proceed in forma pauperis without prejudice; Completed application to proceed in forma pauperis or payment of $400 filing fee due on or before January 15, 2021 or this case will be subject to dismis sal without prejudice. The Clerk of the Court will retain the complaint, Docket No. 1 -1, but will not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 11/17/2020. (Attachments: # 1 IFP by Inmate Form and Instructions) (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:20-cv-02093-JAD-NJK Document 3 Filed 11/17/20 Page 1 of 3 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 KEITH PAUL BIRD, 6 Plaintiff 7 8 Case No. 2:20-cv-02093-JAD-NJK ORDER v. JAMES DZURENDA, et al., 9 Defendants 10 11 I. DISCUSSION 12 On November 13, 2020, Plaintiff, an inmate in the custody of the Nevada Department of 13 Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed an 14 application to proceed in forma pauperis. Docket Nos. 1-1, 1. Plaintiff’s application to proceed 15 in forma pauperis is incomplete. 16 Under 28 U.S.C. § 1915(a)(2) and LSR 1-2, an inmate seeking to begin a civil action in 17 this Court may apply to proceed in forma pauperis in order to file the civil action without prepaying 18 the full $400 filing fee. To apply for in forma pauperis status, the inmate must submit all three of 19 the following documents to the Court: 20 (1) a completed Application to Proceed in Forma Pauperis for Inmate, this Court’s 21 approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3), 22 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 23 (i.e. page 4 of this Court’s approved form), and 24 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 25 six-month period. 26 Plaintiff has not submitted a current application to proceed in forma pauperis or current 27 financial attachments. Accordingly, the Court denies Plaintiff’s application to proceed in forma 28 pauperis, Docket No. 1, without prejudice because the application is incomplete. The Court will Case 2:20-cv-02093-JAD-NJK Document 3 Filed 11/17/20 Page 2 of 3 1 grant Plaintiff a one-time extension to file a fully complete application to proceed in forma 2 pauperis containing all three of the required documents. Plaintiff will file a fully complete 3 application to proceed in forma pauperis on or before January 15, 2021. Absent unusual 4 circumstances, the Court will not grant any further extensions of time. 5 If Plaintiff does not file a fully complete application to proceed in forma pauperis with all 6 three required documents on or before January 15, 2021, this case will be subject to dismissal 7 without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all 8 three of the documents needed to file a fully complete application to proceed in forma pauperis or 9 pays the full $400 filing fee. 10 A dismissal without prejudice means Plaintiff does not give up the right to refile the case 11 with the Court, under a new case number, when Plaintiff has all three documents needed to submit 12 with the application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file 13 an application to proceed in forma pauperis and instead pay the full filing fee of $400 on or before 14 January 15, 2021 to proceed with this case. 15 Additionally, the Court notes that Plaintiff has used an incorrect case number on his 16 submitted filings. Plaintiff is directed to use only the assigned case number of 2:20-cv-02093- 17 JAD-NJK on any future documents he submits to the Court in this case. 18 The Court will retain Plaintiff’s civil rights complaint, Docket No. 1-1, but the Court will 19 not file the complaint unless and until Plaintiff timely files a fully complete application to proceed 20 in forma pauperis with all three documents or pays the full $400 filing fee. 21 II. CONCLUSION 22 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in forma 23 pauperis, Docket No. 1, is denied without prejudice to file a new fully complete application to 24 proceed in forma pauperis with all three documents. 25 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 26 form application to proceed in forma pauperis by an inmate, as well as the document entitled 27 information and instructions for filing an in forma pauperis application. 28 -2- Case 2:20-cv-02093-JAD-NJK Document 3 Filed 11/17/20 Page 3 of 3 1 IT IS FURTHER ORDERED that, on or before January 15, 2021, Plaintiff will either pay 2 the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 3 administrative fee) or file with the Court: 4 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s 5 approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page 6 3), 7 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 8 (i.e. page 4 of this Court’s approved form), and 9 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 10 six-month period. 11 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to 12 proceed in forma pauperis with all three documents or pay the full $400 filing fee for a civil action 13 on or before January 15, 2021, this case will be subject to dismissal without prejudice for Plaintiff 14 to refile the case with the Court, under a new case number, when Plaintiff has all three documents 15 needed to file a complete application to proceed in forma pauperis or pays the the full $400 filing 16 fee. 17 IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint, Docket 18 No. 1-1, but will not file it at this time. 19 DATED: November 17, 2020. 20 21 22 NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -3-

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