Centofanti v. The State of Nevada ex rel The NDOC et al
Filing
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ORDER Denying #1 Application for Leave to Proceed in forma pauperis without prejudice. Plaintiff shall either file a complete Application as outlined in the Order or pay the filing fees in full on or before 3/9/2021. The Clerk is directed to supply the plaintiff with approved form and instructions (attached herein for distribution through law library). Signed by Magistrate Judge Nancy J. Koppe on 1/8/2021. (Attachments: #1 IFP Application and Instructions for distribution through law library)(Copies have been distributed pursuant to the NEF - DRS)
Case 2:21-cv-00024-RFB-NJK Document 5 Filed 01/08/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ALFRED CENTOFANTI,
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Plaintiff
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ORDER
v.
THE STATE OF NEVADA, ex rel.
THE NDOC, et al.,
Defendants
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Case No. 2:21-cv-00024-RFB-NJK
I.
DISCUSSION
On January 6, 2021, 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. Docket 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 $402 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 or an inmate account statement for the
previous six-month period. Accordingly, the Court denies Plaintiff’s application to proceed in
forma pauperis, Docket No. 1, without prejudice because the application is incomplete. The Court
will grant Plaintiff a one-time extension to file a fully complete application to proceed in forma
Case 2:21-cv-00024-RFB-NJK Document 5 Filed 01/08/21 Page 2 of 3
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pauperis containing all three of the required documents. Plaintiff will file a fully complete
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application to proceed in forma pauperis on or before March 9, 2021.
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circumstances, the Court will not grant any further extensions of time. If Plaintiff does not file a
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fully complete application to proceed in forma pauperis with all three required documents on or
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before March 9, 2021, this case will be subject to dismissal 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 needed to
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file a fully complete application to proceed in forma pauperis or pays the full $402 filing fee.
Absent unusual
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A dismissal without prejudice means Plaintiff does not give up the right to refile the case
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with the Court, under a new case number, when Plaintiff has all three documents needed to submit
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with the application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file
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an application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before
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March 9, 2021 to proceed with this case.
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The Court will retain Plaintiff’s civil rights complaint, Docket No. 1-1, but the Court will
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not file the complaint unless and until Plaintiff timely files a fully complete application to proceed
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in forma pauperis with all three documents or pays the full $402 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 in forma
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pauperis, Docket No. 1, is denied without prejudice to file a new fully complete application to
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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 approved
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form application to proceed in forma pauperis by an inmate, as well as the document entitled
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information and instructions for filing an in forma pauperis application.
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IT IS FURTHER ORDERED that on or before March 9, 2021, Plaintiff will either pay the
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full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative
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fee) or file with the Court:
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(1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s
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approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page
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3),
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(2) a Financial Certificate properly signed by both the inmate and a prison or jail official
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(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 previous
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six-month period.
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IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to
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proceed in forma pauperis with all three documents or pay the full $402 filing fee for a civil action
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on or before March 9, 2021, this case will be subject to dismissal without prejudice for Plaintiff
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to refile the case with the Court, under a new case number, when Plaintiff has all three documents
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needed to file a complete application to proceed in forma pauperis or pays the the full $402 filing
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fee.
IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint, Docket
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No.1-1, but will not file it at this time.
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IT IS SO ORDERED.
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DATED: January 8, 2021.
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE
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