Gail v. Jones

Filing 3

ORDER. IT IS ORDERED that 1 plaintiffs Application to Proceed In Forma Pauperis is DENIED without prejudice. IT IS FURTHER ORDERED that by May 25, 2021, plaintiff must either: (1) file a complete application to proceed in forma pauperis, on the c orrect form with complete financial attachments, or (2) pay the full $402 fee for filing a civil action. Signed by Magistrate Judge Brenda Weksler on 4/26/2021. (Attachments: # 1 IFP/Instructions)(Copies have been distributed pursuant to the NEF - JQC) Modified text on 4/27/2021 (SLD).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 David Gail, Plaintiff, 6 7 8 Case No. 2:21-cv-00666-APG-BNW ORDER v. Tierra Jones, Defendant. 9 10 11 12 13 Plaintiff David Gail—who is currently detained at High Desert State Prison—submitted an application to proceed in forma pauperis (IFP). ECF No. 1. Under the Local Rules, an incarcerated plaintiff seeking to proceed without paying the 14 filing fee must complete an application to proceed IFP and attach "a certificate from the 15 institution certifying the amount of funds currently held in the applicant's trust account at the 16 institution and the net deposits in the applicant's account for the six months before the date of 17 submission of the application." LSR 1-2; see also 28 U.S.C. § 1915(a)(2) (requiring an 18 incarcerated plaintiff seeking IFP status to submit "a certified copy of the trust fund account 19 statement (or institutional equivalent) for the prisoner for the 6-month period immediately 20 preceding the filing of the complaint . . ., obtained from the appropriate official of each prison at 21 which the prisoner is or was confined."). If the plaintiff has been incarcerated at the institution 22 for fewer than six months, the certificate must show the account’s activity for the shortened 23 period. LSR 1-2. 24 Here, plaintiff’s IFP application is incomplete because it lacks a financial certificate from 25 the institution where plaintiff is detained showing the amount of funds currently in plaintiff's trust 26 account and the net deposits in the account for the six months preceding plaintiff's application. 27 Accordingly, the Court lacks the information necessary to resolve plaintiff's request to proceed in 28 1 forma pauperis. The Court will keep plaintiff's complaint on file, but plaintiff's complaint will 2 not be screened (and this case will not move forward) until the matter of the filing fee is resolved. 3 IT IS THEREFORE ORDERED that plaintiff’s Application to Proceed In Forma 4 Pauperis (ECF No. 1) is DENIED without prejudice. 5 IT IS FURTHER ORDERED that the Clerk of Court must send plaintiff a blank 6 application to proceed in forma pauperis by an inmate as well as the accompanying instruction 7 packet. 8 IT IS FURTHER ORDERED that by May 25, 2021, plaintiff must either: (1) file a 9 complete application to proceed in forma pauperis, on the correct form with complete financial 10 attachments, or (2) pay the full $402 fee for filing a civil action, which includes the $350 filing 11 fee and the $52 administrative fee. 12 13 14 IT IS FURTHER ORDERED that failure to timely comply with this order may result in a recommendation to the district judge that this case be dismissed. DATED: April 26, 2021. 15 16 17 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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