Centofanti v. The State of Nevada ex rel The NDOC et al

Filing 5

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 su pply 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)

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Case 2:21-cv-00024-RFB-NJK Document 5 Filed 01/08/21 Page 1 of 3 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 ALFRED CENTOFANTI, 5 Plaintiff 6 7 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER v. THE STATE OF NEVADA, ex rel. THE NDOC, et al., Defendants 9 10 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 1 pauperis containing all three of the required documents. Plaintiff will file a fully complete 2 application to proceed in forma pauperis on or before March 9, 2021. 3 circumstances, the Court will not grant any further extensions of time. If Plaintiff does not file a 4 fully complete application to proceed in forma pauperis with all three required documents on or 5 before March 9, 2021, this case will be subject to dismissal without prejudice for Plaintiff to file 6 a new case with the Court when Plaintiff is able to acquire all three of the documents needed to 7 file a fully complete application to proceed in forma pauperis or pays the full $402 filing fee. Absent unusual 8 A dismissal without prejudice means Plaintiff does not give up the right to refile the case 9 with the Court, under a new case number, when Plaintiff has all three documents needed to submit 10 with the application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file 11 an application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before 12 March 9, 2021 to proceed with this case. 13 The Court will retain Plaintiff’s civil rights complaint, Docket No. 1-1, but the Court will 14 not file the complaint unless and until Plaintiff timely files a fully complete application to proceed 15 in forma pauperis with all three documents or pays the full $402 filing fee. 16 II. CONCLUSION 17 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed in forma 18 pauperis, Docket No. 1, is denied without prejudice to file a new fully complete application to 19 proceed in forma pauperis with all three documents. 20 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 21 form application to proceed in forma pauperis by an inmate, as well as the document entitled 22 information and instructions for filing an in forma pauperis application. 23 IT IS FURTHER ORDERED that on or before March 9, 2021, Plaintiff will either pay the 24 full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative 25 fee) or file with the Court: 26 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s 27 approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page 28 3), -2- Case 2:21-cv-00024-RFB-NJK Document 5 Filed 01/08/21 Page 3 of 3 1 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 2 (i.e. page 4 of this Court’s approved form), and 3 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 4 six-month period. 5 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to 6 proceed in forma pauperis with all three documents or pay the full $402 filing fee for a civil action 7 on or before March 9, 2021, this case will be subject to dismissal without prejudice for Plaintiff 8 to refile the case with the Court, under a new case number, when Plaintiff has all three documents 9 needed to file a complete application to proceed in forma pauperis or pays the the full $402 filing 10 11 fee. IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint, Docket 12 No.1-1, but will not file it at this time. 13 IT IS SO ORDERED. 14 DATED: January 8, 2021. 15 16 17 NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -3-

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