Green v. Daniels et al
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRENDA GREEN,
Case No. 2:21-cv-00681-RFB-VCF
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Plaintiff
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ORDER
v.
CHARLES DANIELS, et al.,
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Defendants
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I.
DISCUSSION
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On April 23, 2021, Plaintiff, an inmate in the custody of the Nevada Department of
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Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed
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an application to proceed in forma pauperis and a motion to delay financial certificate.
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(ECF Nos. 1-1, 1, 1-2). Plaintiff’s application to proceed in forma pauperis is incomplete.
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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin
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a civil action in this Court may apply to proceed in forma pauperis in order to file the civil
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action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the
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inmate must submit all three of the following documents to the Court:
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(1) a completed Application to Proceed in Forma Pauperis for Inmate, this
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Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on
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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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Plaintiff has not submitted an application to proceed in forma pauperis on this
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Court's approved form together with a Financial Certificate or an inmate account
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statement for the previous six-month period. Accordingly, the Court denies Plaintiff’s
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application to proceed in forma pauperis (ECF No. 1) without prejudice because the
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application is incomplete. The Court will grant Plaintiff a one-time extension to file a
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fully complete application to proceed in forma pauperis containing all three of the required
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documents. Plaintiff will file a fully complete application to proceed in forma pauperis on
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or before June 28, 2021. Absent unusual circumstances, the Court will not grant any
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further extensions of time. If Plaintiff does not file a fully complete application to proceed
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in forma pauperis with all three required documents on or before June 28, 2021, this case
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will be subject to dismissal without prejudice for Plaintiff to file a new case with the Court
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when Plaintiff is able to acquire all three of the documents needed to file a fully complete
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application to proceed in forma pauperis or pays 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 has all three documents
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needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff
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may choose not to file an application to proceed in forma pauperis and instead pay the
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full filing fee of $402 on or before June 28, 2021 to proceed with this case.
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With respect to Plaintiff's motion to delay financial certificate (ECF No. 1-2), the
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Court notes that because additional time has now been provided to Plaintiff to submit the
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required financial certificate, Plaintiff's motion at ECF No. 1-2 is denied as moot.
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The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court
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will not file the complaint unless and until Plaintiff timely files a fully complete application
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to proceed in forma pauperis with all three documents or pays the full $402 filing fee.
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II.
CONCLUSION
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For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed
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in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete
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application to proceed in forma pauperis with all three documents.
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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 June 28, 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 fully complete
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application to proceed in forma pauperis with all three documents or pay the full $402
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filing fee for a civil action on or before June 28, 2021, this case will be subject to dismissal
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without prejudice for Plaintiff to refile the case with the Court, under a new case number,
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when Plaintiff has all three documents needed to file a complete application to proceed
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in forma pauperis or pays the the full $402 filing fee.
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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: __________________
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UNITED STATES MAGISTRATE JUDGE
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