Green v. Daniels et al

Filing 3

ORDER. IT IS ORDERED that #1 Plaintiffs application to proceed in forma pauperis is Denied without prejudice to file a new fully complete application to proceed in forma pauperis with all three documents. IT IS FURTHER ORDERED that on or before 6/28/2021, Plaintiff will either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative fee) or file with the Court IFP. See Order for Details. Signed by Magistrate Judge Cam Ferenbach on 4/27/2021. (Attachments: #1 IFP/Instructions)(Copies have been distributed pursuant to the NEF - JQC)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

BRENDA GREEN,

Case No. 2:21-cv-00681-RFB-VCF

4

Plaintiff

5
6

ORDER

v.
CHARLES DANIELS, et al.,

7

Defendants

8
9

I.

DISCUSSION

10

On April 23, 2021, Plaintiff, an inmate in the custody of the Nevada Department of

11

Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed

12

an application to proceed in forma pauperis and a motion to delay financial certificate.

13

(ECF Nos. 1-1, 1, 1-2). Plaintiff’s application to proceed in forma pauperis is incomplete.

14

Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin

15

a civil action in this Court may apply to proceed in forma pauperis in order to file the civil

16

action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the

17

inmate must submit all three of the following documents to the Court:

18

(1) a completed Application to Proceed in Forma Pauperis for Inmate, this

19

Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on

20

page 3),

21

(2) a Financial Certificate properly signed by both the inmate and a prison or jail

22

official (i.e. page 4 of this Court’s approved form), and

23

(3) a copy of the inmate’s prison or jail trust fund account statement for the

24

previous six-month period.

25

Plaintiff has not submitted an application to proceed in forma pauperis on this

26

Court's approved form together with a Financial Certificate or an inmate account

27

statement for the previous six-month period. Accordingly, the Court denies Plaintiff’s

28

application to proceed in forma pauperis (ECF No. 1) without prejudice because the

1

application is incomplete. The Court will grant Plaintiff a one-time extension to file a

2

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

3

documents. Plaintiff will file a fully complete application to proceed in forma pauperis on

4

or before June 28, 2021. Absent unusual circumstances, the Court will not grant any

5

further extensions of time. If Plaintiff does not file a fully complete application to proceed

6

in forma pauperis with all three required documents on or before June 28, 2021, this case

7

will be subject to dismissal without prejudice for Plaintiff to file a new case with the Court

8

when Plaintiff is able to acquire all three of the documents needed to file a fully complete

9

application to proceed in forma pauperis or pays 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 has all three documents

12

needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff

13

may choose not to file an application to proceed in forma pauperis and instead pay the

14

full filing fee of $402 on or before June 28, 2021 to proceed with this case.

15

With respect to Plaintiff's motion to delay financial certificate (ECF No. 1-2), the

16

Court notes that because additional time has now been provided to Plaintiff to submit the

17

required financial certificate, Plaintiff's motion at ECF No. 1-2 is denied as moot.

18

The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court

19

will not file the complaint unless and until Plaintiff timely files a fully complete application

20

to proceed in forma pauperis with all three documents or pays the full $402 filing fee.

21

II.

CONCLUSION

22

For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed

23

in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete

24

application to proceed in forma pauperis with all three documents.

25

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

26

approved form application to proceed in forma pauperis by an inmate, as well as the

27

document entitled information and instructions for filing an in forma pauperis application.

28

IT IS FURTHER ORDERED that on or before June 28, 2021, Plaintiff will either

-2-

1

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

2

administrative fee) or file with the Court:

3

(1) a completed Application to Proceed in Forma Pauperis for Inmate on this

4

Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two

5

signatures on page 3),

6

(2) a Financial Certificate properly signed by both the inmate and a prison or jail

7

official (i.e. page 4 of this Court’s approved form), and

8

(3) a copy of the inmate’s prison or jail trust fund account statement for the

9

previous six-month period.

10

IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete

11

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

12

filing fee for a civil action on or before June 28, 2021, this case will be subject to dismissal

13

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

14

when Plaintiff has all three documents needed to file a complete application to proceed

15

in forma pauperis or pays the the full $402 filing fee.

16
17
18
19
20
21
22

IT IS FURTHER ORDERED that Plaintiff's motion to delay financial certificate is
denied as moot.
IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint
(ECF No. 1-1) but will not file it at this time.
4-27-2021
DATED: __________________
_
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28

-3-