Sykes v. Las Vegas Metropolitan Police Department of Clark County Nevada et al

Filing 3

ORDER Denying #1 Motion/Application for Leave to Proceed in forma pauperis without prejudice. Payment of filing fees in full or a complete Application to Proceed IFP is due on or before 10/7/2021. Signed by Magistrate Judge Daniel J. Albregts on 9/7/2021. (Copies have been distributed pursuant to the NEF, IFP forms enclosed. - DRS)

Case 2:21-cv-01479-RFB-DJA Document 3 Filed 09/07/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Mark Clifford Sykes,

Case No. 2:21-cv-01479-RFB-DJA
Plaintiff,

v.

Order

Las Vegas Metropolitan Police Department, et
al.,
Defendants.

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This matter is before the Court on Plaintiff’s application for leave to proceed in forma

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pauperis (ECF No. 1). Plaintiff is proceeding in this action pro se. The Court finds these matters

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properly resolved without a hearing. LR 78-1.

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Under 28 U.S.C. § 1915(a)(1), the Court may only authorize a party to proceed with an

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action without paying the fees or costs or providing security for them if that person submits an

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affidavit including a statement showing the person is unable to pay the costs. The Court’s Local

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Rules provide that a person who is unable to prepay fees in a civil case may apply for leave to

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proceed in forma pauperis. See LSR 1-1. The application must be on the form provided by the

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court and include a financial affidavit disclosing the applicant’s income, assets, expenses, and

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liabilities. See LSR 1-1. Finally, under Local Rule IC 5-1, an electronic signature may either be

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in the form of “/s/ [name]” or a facsimile of a handwritten signature. LR IC 5-1.

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Here, the Court finds that Plaintiff’s application is incomplete because: (1) it does not

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state the amount of money received from Social Security Benefits under question three; (2) does

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not explain whether the Plaintiff owns any automobile, real estate, stock, bond, security, jewelry,

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art work, or other financial instrument or thing of value under question five; (3) crosses out

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“declare under penalty of perjury” in the declaration section and replaces it with “certify”; and

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(4) uses an electronic signature without the “/s/ [name]” convention required by Local Rule IC 5-

Case 2:21-cv-01479-RFB-DJA Document 3 Filed 09/07/21 Page 2 of 2

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1. Crucially, without complete answers to questions three and five, the Court is unable to

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determine Plaintiff’s income or find that Plaintiff is unable to pay the costs of commencing this

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action.

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Having concluded that Plaintiff is not entitled at this time to proceed in forma pauperis,

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the Court need not screen the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires the

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dismissal of the case at any time if the Court determines that it is frivolous or malicious or fails to

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state a claim upon which relief can be granted or seeks monetary relief against a defendant is

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immune from such relief. Plaintiff is instructed to state the amount of money received from

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Social Security Benefits under question three and respond to question five. Plaintiff is also

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instructed not to cross language out of the declaration section and, if he uses an electronic

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signature, to sign using the “/s/ [name]” convention.

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IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma
pauperis (ECF No. 1) is denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff shall file a complete application with a more

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detailed answer to questions three and five. In the alternative, Plaintiff may make the necessary

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arrangements to pay the filing fee of $402, accompanied by a copy of this Order. Plaintiff shall

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have thirty days from the date of this order—until Thursday, October 7, 2021—to comply by

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filing a new application to proceed in forma pauperis or to pay the filing fee. Failure to comply

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will result in a recommendation to the District Judge for dismissal of this action.

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DATED: September 7, 2021
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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