Allison v. Goodman et al

Filing 3

ORDER. IFP/Payment of filing fees due 3/7/2022. Signed by Magistrate Judge Daniel J. Albregts on 1/7/2022. (Copies have been distributed pursuant to the NEF - § 1983 complaint/instructions, 1 -1 original complaint and IFP inmate form/instructions mailed to P - HAM)

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Case 2:21-cv-02255-RFB-DJA Document 3 Filed 01/07/22 Page 1 of 5 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 RONALD J. ALLISON, Plaintiff, 4 v. 5 6 Case No. 2:21-cv-02255-RFB-DJA ORDER JUDGE JOHN GOODMAN, et al., Defendants. 7 8 9 I. DISCUSSION 10 On December 27, 2021, Plaintiff, an inmate currently located at the Nevada 11 Department of Corrections ("NDOC"), submitted a civil rights complaint under 42 U.S.C. 12 § 1983. (ECF No. 1-1). Plaintiff has not submitted a complaint in compliance with Local 13 Special Rule 2-1 or an application to proceed in forma pauperis or paid the full $402 filing 14 fee in this matter. 15 Complaint 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court notes that Plaintiff's document at ECF No. 1-1 does not comply with Local Special Rule 2-1 ("LSR 2-1"). Under LSR 2-1, a civil rights complaint filed by a person who is not represented by an attorney must be submitted on the form provided by the court or must be legible and contain substantially all the information called for by the court's form. As such, the Court grants Plaintiff a one-time extension until on or before March 7, 2022 to submit complaint to the Court in compliance with LSR 2-1. The Court will also provide Plaintiff a copy of the Court's § 1983 complaint form with instructions. Application to Proceed in Forma Pauperis Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a civil action may apply to proceed in forma pauperis, which allows the inmate to file the civil action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the inmate must submit all three of the following documents to the Court: (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Case 2:21-cv-02255-RFB-DJA Document 3 Filed 01/07/22 Page 2 of 5 1 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 2 page 3), 3 (2) a Financial Certificate properly signed by both the inmate and a facility or jail 4 official (i.e. page 4 of this Court’s approved form), and 5 (3) a copy of the inmate’s facility or jail trust fund account statement for the 6 previous six-month period. If Plaintiff has not been at the facility a full six-month 7 period, Plaintiff must still submit an inmate account statement for the dates he has 8 been present at the facility. 9 In the event Plaintiff is having difficulty obtaining the required financial certificate and 10 inmate account statement for the previous six-month period from facility officials, Plaintiff 11 shall file a declaration detailing when he requested the documents, who he spoke to about 12 the status of the documents, who he followed up with after he did not receive the 13 documents, and their responses. Plaintiff’s declaration shall include dates of his requests, 14 dates of his follow-up requests, names of the facility officials that he spoke to about the 15 matter, and their responses. If Plaintiff’s declaration demonstrates that he has done all that 16 was possible to acquire the documents from facility officials, the Court will consider his 17 application to proceed in forma pauperis complete. 1 18 Accordingly, the Court grants Plaintiff a one-time extension until on or before 19 March 7, 2022 to file a fully complete application to proceed in forma pauperis containing 20 all three of the required documents or, alternatively, the first three pages of the application 21 to proceed in forma pauperis and a declaration detailing the efforts he took to acquire the 22 financial certificate and inmate account statement from facility officials. Absent unusual 23 circumstances, the Court will not grant any further extensions of time. If Plaintiff does not 24 file a fully complete application to proceed in forma pauperis with all three required 25 26 27 28 Plaintiff must still submit the first three pages of the application to proceed in forma pauperis on this Court’s approved form with his declaration. If Plaintiff does not submit the first three pages of the application to proceed in forma pauperis with the declaration, the Court will recommend dismissal of this case without prejudice for Plaintiff to open a new case when he is able to acquire the required documents. 1 -2- Case 2:21-cv-02255-RFB-DJA Document 3 Filed 01/07/22 Page 3 of 5 1 documents or, alternatively, the first three pages of the application to proceed in forma 2 pauperis and a declaration detailing the efforts he took to acquire the financial certificate 3 and inmate account statement from facility officials on or before March 7, 2022, the Court 4 will recommend dismissal of this case without prejudice for Plaintiff to file a new case with 5 the Court when Plaintiff is able to acquire all three of the documents needed to file a fully 6 complete application to proceed in forma pauperis or, alternatively, the first three pages of 7 the application to proceed in forma pauperis and a declaration detailing the efforts he took 8 to acquire the financial certificate and inmate account statement from facility officials. 9 A dismissal without prejudice means Plaintiff does not give up the right to refile the 10 case with the Court, under a new case number, when Plaintiff has all three documents 11 needed to submit with the application to proceed in forma pauperis or, alternatively, the first 12 three pages of the application to proceed in forma pauperis and a declaration detailing the 13 efforts he took to acquire the financial certificate and inmate account statement from facility 14 officials. Plaintiff may choose not to file an application to proceed in forma pauperis and 15 instead pay the full filing fee of $402 on or before March 7, 2022 to proceed with this case. 16 The Court will retain Plaintiff’s civil rights Complaint (ECF No. 1-1), but the Court will 17 not file the Complaint unless and until Plaintiff timely files a fully complete application to 18 proceed in forma pauperis with all three documents, or, alternatively, the first three pages 19 of the application to proceed in forma pauperis and a declaration detailing the efforts he 20 took to acquire the financial certificate and inmate account statement from facility officials, 21 or pays the full $402 filing fee. 22 II. CONCLUSION 23 For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the Court 24 will send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the 25 same, and a copy of his original document at ECF No. 1-1. 26 27 IT IS FURTHER ORDERD that Plaintiff will have until on or before March 7, 2022 to submit complaint to the Court in compliance with LSR 2-1. 28 -3- Case 2:21-cv-02255-RFB-DJA Document 3 Filed 01/07/22 Page 4 of 5 1 IT IS FURTHER ORDERED that, if Plaintiff does not file a complaint in compliance 2 with LSR 2-1 on or before March 7, 2022, this case will be subject to dismissal without 3 prejudice for Plaintiff to refile the case with the Court, under a new case number, when 4 Plaintiff is able to file a complaint in compliance with LSR 2-1. 5 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 6 approved form application to proceed in forma pauperis by an inmate, as well as the 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 document entitled information and instructions for filing an in forma pauperis application. IT IS FURTHER ORDERED that on or before March 7, 2022, Plaintiff shall 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: (1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page 3), (2) a Financial Certificate properly signed by both the inmate and a facility or jail official (i.e. page 4 of this Court’s approved form), and (3) a copy of the inmate’s facility or jail trust fund account statement for the previous six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff must still submit an inmate account statement for the dates he has been present at the facility. IT IS FURTHER ORDERED that if Plaintiff is not able to obtain his financial certificate and inmate account statement from facility officials, Plaintiff shall file the first three pages of the application to proceed in forma pauperis together with a declaration detailing the efforts he took to acquire the financial certificate and inmate account statement from facility officials. IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to proceed in forma pauperis with all three documents, or, alternatively, the first three pages of the application to proceed in forma pauperis and a declaration detailing the efforts he 28 -4- Case 2:21-cv-02255-RFB-DJA Document 3 Filed 01/07/22 Page 5 of 5 1 took to acquire the financial certificate and inmate account statement from facility officials, 2 or pay the full $402 filing fee for a civil action on or before March 7, 2022, the Court will 3 recommend dismissal of this action without prejudice for Plaintiff to refile the case with the 4 Court, under a new case number, when Plaintiff has all three documents needed to file a 5 complete application to proceed in forma pauperis. 6 7 8 IT IS FURTHER ORDERED that the Clerk of the Court shall retain Plaintiff’s civil rights Complaint, ECF No. 1-2, but the Court will not file it at this time. DATED: January 7, 2022 9 10 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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