Allison v. Clark County Detention Center Medical Department

Filing 3

ORDER. IT IS ORDERED that Plaintiff will submit a complaint to this Court on or before 4/12/2021. IFP/Filing fees due 4/12/2021. See Order for details. Signed by Magistrate Judge Brenda Weksler on 2/16/2021. (Copies have been distributed pursuant to the NEF - Inmate IFP, Inmate 1983 Instructions/Forms, ECF #1 -1 sent to P - MR)

Case 2:21-cv-00165-RFB-BNW Document 3 Filed 02/16/21 Page 1 of 3

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tUNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD ALLISON,

Case No. 2:21-cv-00165-RFB-BNW

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Plaintiff

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v.
CLARK COUNTY DETENTION CENTER
MEDICAL DEPARTMENT,
Defendant

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ORDER

I.

DISCUSSION
On January 29, 2021, Plaintiff, an inmate in the custody of the Nevada Department

of Corrections (“NDOC”), submitted a document titled "lawsuit of discrimination due to
previously filed lawsuits of refusal of medical services." (ECF No. 1-1). Plaintiff has not
filed a complaint or an application to proceed in forma pauperis in this matter.
Under Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing a
complaint with the court.” Fed. R. Civ. P. 3. As such, the Court grants Plaintiff until April
12, 2021 to submit a complaint to this Court.
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.
The Court will grant Plaintiff a one-time opportunity to file a complaint and a fully

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complete application to proceed in forma pauperis containing all three of the required

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documents, or in the alternative, pay the full $402 filing fee for this action on or before

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April 12, 2021. Absent unusual circumstances, the Court will not grant any further

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extensions of time. If Plaintiff is unable to file a complaint and a fully complete application

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to proceed in forma pauperis with all three required documents or pay the full $402 filing

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fee on or before April 12, 2021, this case will be subject to dismissal without prejudice

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for Plaintiff to file a new case with the Court when Plaintiff is able to file a complaint and

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able to acquire all three of the documents needed to file a fully complete application to

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proceed in forma pauperis or pay the full $402 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 is able to file a complaint

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and has all three documents needed to submit with an application to proceed in forma

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pauperis. Alternatively, Plaintiff may choose not to file an application to proceed in forma

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pauperis and instead pay the full filing fee of $402 on or before April 12, 2021 to proceed

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with this case.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff will submit a complaint to

this Court on or before April 12, 2021.

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

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approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The

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Clerk of the Court will also send Plaintiff a copy of his lawsuit of discrimination due to

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previously filed lawsuits of refusal of medical services. (ECF No. 1-1).

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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 April 12, 2021, Plaintiff will either

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pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52

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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 complaint and a fully

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

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$402 filing fee for a civil action on or before April 12, 2021, this case will be subject to

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

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number, when Plaintiff is able to file a complaint and has all three documents needed to

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file a complete application to proceed in forma pauperis or pays the full $402 filing fee.
DATED: February 16, 2021.

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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