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)

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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-

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