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)

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Case 2:21-cv-00165-RFB-BNW Document 3 Filed 02/16/21 Page 1 of 3 1 tUNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 RONALD ALLISON, Case No. 2:21-cv-00165-RFB-BNW 4 Plaintiff 5 6 7 v. CLARK COUNTY DETENTION CENTER MEDICAL DEPARTMENT, Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Case 2:21-cv-00165-RFB-BNW Document 3 Filed 02/16/21 Page 2 of 3 1 complete application to proceed in forma pauperis containing all three of the required 2 documents, or in the alternative, pay the full $402 filing fee for this action on or before 3 April 12, 2021. Absent unusual circumstances, the Court will not grant any further 4 extensions of time. If Plaintiff is unable to file a complaint and a fully complete application 5 to proceed in forma pauperis with all three required documents or pay the full $402 filing 6 fee on or before April 12, 2021, this case will be subject to dismissal without prejudice 7 for Plaintiff to file a new case with the Court when Plaintiff is able to file a complaint and 8 able to acquire all three of the documents needed to file a fully complete application to 9 proceed in forma pauperis or pay the full $402 filing fee. 10 A dismissal without prejudice means Plaintiff does not give up the right to refile the 11 case with the Court, under a new case number, when Plaintiff is able to file a complaint 12 and has all three documents needed to submit with an application to proceed in forma 13 pauperis. Alternatively, Plaintiff may choose not to file an application to proceed in forma 14 pauperis and instead pay the full filing fee of $402 on or before April 12, 2021 to proceed 15 with this case. 16 II. 17 18 CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff will submit a complaint to this Court on or before April 12, 2021. 19 IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the 20 approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The 21 Clerk of the Court will also send Plaintiff a copy of his lawsuit of discrimination due to 22 previously filed lawsuits of refusal of medical services. (ECF No. 1-1). 23 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 24 approved form application to proceed in forma pauperis by an inmate, as well as the 25 document entitled information and instructions for filing an in forma pauperis application. 26 IT IS FURTHER ORDERED that on or before April 12, 2021, Plaintiff will either 27 pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 28 administrative fee) or file with the Court: -2- Case 2:21-cv-00165-RFB-BNW Document 3 Filed 02/16/21 Page 3 of 3 1 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 2 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 3 signatures on page 3), 4 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 5 official (i.e. page 4 of this Court’s approved form), and 6 (3) a copy of the inmate’s prison or jail trust fund account statement for the 7 previous six-month period. 8 IT IS FURTHER ORDERED that, if Plaintiff does not file a complaint and a fully 9 complete application to proceed in forma pauperis with all three documents or pay the full 10 $402 filing fee for a civil action on or before April 12, 2021, this case will be subject to 11 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 12 number, when Plaintiff is able to file a complaint and has all three documents needed to 13 file a complete application to proceed in forma pauperis or pays the full $402 filing fee. DATED: February 16, 2021. 14 15 _________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 . 25 26 27 28 -3-

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