Montague v. Mainwarning et al

Filing 3

ORDER Denying without Prejudice 1 Motion/Application for Leave to Proceed in forma pauperis. It is Ordered that on or before 3/11/2022, Plaintiff will either pay $402 filing fee in full, or file a complete IFP Application with the court. See Order for further details. It is further Ordered that if payment or IFP application is not submitted to the court by 3/11/2022, then this case will be subject to Dismissal without Prejudice. The Clerk of Court will retain the [1-1] Complaint, but not file it at this time. Signed by Magistrate Judge Cam Ferenbach on 1/11/2022. (Attachments: # 1 IFP Application and Instructions. For Dissemination through the Law Library)(Copies have been distributed pursuant to the NEF - KF)

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Case 2:22-cv-00034-RFB-VCF Document 3 Filed 01/11/22 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 HAROLD E. MONTAGUE, Case No. 2:22-cv-00034-RFB-VCF 4 5 6 ORDER Plaintiff v. MAINWARNING, et al. 7 Defendants 8 9 I. DISCUSSION 10 On January 6, 2022, Plaintiff, an inmate in the custody of the Nevada Department 11 of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and 12 filed an application to proceed in forma pauperis. 13 application to proceed in forma pauperis is incomplete. Plaintiff has not submitted his 14 application on this Court's approved form. (ECF Nos. 1-1, 1). Plaintiff’s 15 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 16 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 17 action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the 18 inmate must submit all three of the following documents to the Court: 19 (1) a completed Application to Proceed in Forma Pauperis for Inmate, this 20 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 21 page 3), 22 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 23 official (i.e. page 4 of this Court’s approved form), and 24 (3) a copy of the inmate’s prison or jail trust fund account statement for the 25 previous six-month period. 26 Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis 27 (ECF No. 1) without prejudice because the application is incomplete. The Court will grant 28 Plaintiff a one-time extension to file a fully complete application to proceed in forma Case 2:22-cv-00034-RFB-VCF Document 3 Filed 01/11/22 Page 2 of 3 1 pauperis containing all three of the required documents. Plaintiff will file a fully complete 2 application to proceed in forma pauperis on or before March 11, 2022. Absent unusual 3 circumstances, the Court will not grant any further extensions of time. If Plaintiff does not 4 file a fully complete application to proceed in forma pauperis with all three required 5 documents on or before March 11, 2022, this case will be subject to dismissal without 6 prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all 7 three of the documents needed to file a fully complete application to proceed in forma 8 pauperis or pays the full $402 filing fee. 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. Alternatively, Plaintiff 12 may choose not to file an application to proceed in forma pauperis and instead pay the 13 full filing fee of $402 on or before March 11, 2022 to proceed with this case. 14 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court 15 will not file the complaint unless and until Plaintiff timely files a fully complete application 16 to proceed in forma pauperis with all three documents or pays the full $402 filing fee. 17 II. CONCLUSION 18 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 19 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 20 application to proceed in forma pauperis with all three documents. 21 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 22 approved form application to proceed in forma pauperis by an inmate, as well as the 23 document entitled information and instructions for filing an in forma pauperis application. 24 IT IS FURTHER ORDERED that on or before March 11, 2022, Plaintiff will either 25 pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 26 administrative fee) or file with the Court: 27 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 28 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two -2- Case 2:22-cv-00034-RFB-VCF Document 3 Filed 01/11/22 Page 3 of 3 1 signatures on page 3), 2 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 3 official (i.e. page 4 of this Court’s approved form), and 4 (3) a copy of the inmate’s prison or jail trust fund account statement for the 5 previous six-month period. 6 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 7 application to proceed in forma pauperis with all three documents or pay the full $402 8 filing fee for a civil action on or before March 11, 2022, this case will be subject to 9 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 10 number, when Plaintiff has all three documents needed to file a complete application to 11 proceed in forma pauperis or pays the the full $402 filing fee. 12 13 14 15 16 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. 1-11-2022 DATED: __________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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