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)

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Case 2:21-cv-01479-RFB-DJA Document 3 Filed 09/07/21 Page 1 of 2 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 10 *** Mark Clifford Sykes, Case No. 2:21-cv-01479-RFB-DJA Plaintiff, v. Order Las Vegas Metropolitan Police Department, et al., Defendants. 11 12 This matter is before the Court on Plaintiff’s application for leave to proceed in forma 13 pauperis (ECF No. 1). Plaintiff is proceeding in this action pro se. The Court finds these matters 14 properly resolved without a hearing. LR 78-1. 15 Under 28 U.S.C. § 1915(a)(1), the Court may only authorize a party to proceed with an 16 action without paying the fees or costs or providing security for them if that person submits an 17 affidavit including a statement showing the person is unable to pay the costs. The Court’s Local 18 Rules provide that a person who is unable to prepay fees in a civil case may apply for leave to 19 proceed in forma pauperis. See LSR 1-1. The application must be on the form provided by the 20 court and include a financial affidavit disclosing the applicant’s income, assets, expenses, and 21 liabilities. See LSR 1-1. Finally, under Local Rule IC 5-1, an electronic signature may either be 22 in the form of “/s/ [name]” or a facsimile of a handwritten signature. LR IC 5-1. 23 Here, the Court finds that Plaintiff’s application is incomplete because: (1) it does not 24 state the amount of money received from Social Security Benefits under question three; (2) does 25 not explain whether the Plaintiff owns any automobile, real estate, stock, bond, security, jewelry, 26 art work, or other financial instrument or thing of value under question five; (3) crosses out 27 “declare under penalty of perjury” in the declaration section and replaces it with “certify”; and 28 (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 1 1. Crucially, without complete answers to questions three and five, the Court is unable to 2 determine Plaintiff’s income or find that Plaintiff is unable to pay the costs of commencing this 3 action. 4 Having concluded that Plaintiff is not entitled at this time to proceed in forma pauperis, 5 the Court need not screen the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires the 6 dismissal of the case at any time if the Court determines that it is frivolous or malicious or fails to 7 state a claim upon which relief can be granted or seeks monetary relief against a defendant is 8 immune from such relief. Plaintiff is instructed to state the amount of money received from 9 Social Security Benefits under question three and respond to question five. Plaintiff is also 10 instructed not to cross language out of the declaration section and, if he uses an electronic 11 signature, to sign using the “/s/ [name]” convention. 12 13 14 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 15 detailed answer to questions three and five. In the alternative, Plaintiff may make the necessary 16 arrangements to pay the filing fee of $402, accompanied by a copy of this Order. Plaintiff shall 17 have thirty days from the date of this order—until Thursday, October 7, 2021—to comply by 18 filing a new application to proceed in forma pauperis or to pay the filing fee. Failure to comply 19 will result in a recommendation to the District Judge for dismissal of this action. 20 21 22 23 DATED: September 7, 2021 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 Page 2 of 2

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