Allison v. Clark County Detention Center
Filing
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ORDER - Payment of filing fees in full or IFP Application due on or before 9/14/2021. Signed by Magistrate Judge Elayna J. Youchah on 7/15/2021. (Copies have been distributed pursuant to the NEF, IFP packet enclosed- DRS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RONALD J. ALLISON,
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Plaintiff,
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Case No. 2:21-cv-01339-RFB-EJY
ORDER
v.
CLARK COUNTY DETENTION CENTER,
Defendant.
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On July 14, 2021, Plaintiff, an inmate in the custody of the Clark County Detention Center
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(“CCDC”), filed what appears to be a proposed complaint thereby initiating a civil action in this
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Court. ECF No. 1-1. Plaintiff has neither paid the $402 filing fee for this matter, nor has he filed an
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application to proceed in forma pauperis in this matter.
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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a
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civil action may apply to proceed in forma pauperis, which allows the inmate to file the civil action
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without prepaying the full $402 filing fee. To apply for in forma pauperis status, the inmate must
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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, on this Court’s
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approved form (including pages 1 through 3 with the inmate’s two signatures on page 3),
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(2) a Financial Certificate properly signed by both the inmate and a prison or jail official
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(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 previous
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six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff
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must still submit an inmate account statement for the dates he has been present at the facility.
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The Court grants Plaintiff a one-time extension to file a fully complete application to
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proceed in forma pauperis containing all three of the required documents, or in the alternative, pay
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the full $402 filing fee for this action on or before September 14, 2021.
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circumstances, the Court will not grant any further extensions of time. If Plaintiff is unable to file a
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fully complete application to proceed in forma pauperis with all three required documents or pay
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Absent unusual
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the full $402 filing fee on or before September 14, 2021, the Court will recommend dismissal of
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this case without prejudice allowing Plaintiff to file a new case with the Court when Plaintiff is
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able to acquire all three of the documents needed to file a fully complete application to proceed in
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forma pauperis or pay the full $402 filing fee.
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A dismissal without prejudice means Plaintiff does not give up the right to refile the case
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with the Court, under a new case number, when Plaintiff has all three documents needed to submit
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with an application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file an
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application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before
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September 14, 2021 to proceed with this case.
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The Court will retain Plaintiff’s compliant (ECF No. 1-1), but the Court will not file the
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complaint unless and until Plaintiff timely files a fully complete application to proceed in forma
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pauperis with all three documents or pays the full $402 filing fee.
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Accordingly, and for the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the
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Court shall send Plaintiff the approved form application to proceed in forma pauperis by an inmate,
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as well as the document entitled information and instructions for filing an in forma pauperis
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application.
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IT IS FURTHER ORDERED that on or before September 14, 2021, Plaintiff shall 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 Court’s
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approved form (including pages 1 through 3 of the form 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 official
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(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 previous
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six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff
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must still submit an inmate account statement for the dates he has been present at the facility.
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IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to
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proceed in forma pauperis with all three documents or pay the full $402 filing fee for a civil action
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on or before September 14, 2021, the Court will recommend dismissal of this action without
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prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff is
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able to file a complaint and has all three documents needed to file a complete application to proceed
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in forma pauperis or pays the full $402 filing fee.
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IT IS FURTHER ORDERED that the Clerk of the Court shall retain Plaintiff’s proposed
complaint (ECF No. 1-1) but will not file it at this time.
Dated this 15th day of July, 2021.
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_____________________________________
ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE
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