Castaneda v. Director of Nursing HDSP

Filing 5

ORDER ECF No. #1 IFP application is DENIED without prejudice. Fully complete IFP application, or $402 filing fee, due by 12/19/2022. Clerk shall send P approved IFP form and instructions. (Attached hereto for distribution to P via HDSP law library.) Failure to either pay the $402 filing fee or file a complete IFP application on or before December 19, 2022 will result in a recommendation to dismiss this action without prejudice. The Court will retain the Complaint (ECF No. #1 -1), but will not file it at this time. Signed by Magistrate Judge Elayna J. Youchah on 11/17/2022. (Attachments: #1 IFP form and Instructions)(Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Antonio Castaneda,

Case No. 2:22-cv-01789-ART-EJY

Plaintiff,
v.
Director of Nursing HDSP,

ORDER
(ECF No. 1)

Defendant.

On October 26, 2022, Plaintiff submitted an incomplete application to proceed in forma
pauperis (“IFP”) together with a Civil Rights Complaint under 42 U.S.C. § 1983. ECF Nos. 1, 1-1.
Plaintiff fails to include a financial certificate and his inmate trust fund account statement for the
previous six-month period. Even if Plaintiff has not been at the Nevada Department of Corrections
a full six-month period, Plaintiff must still submit both a financial certificate and an inmate account
statement for the dates he has been at the facility. 28 U.S.C. § 1915(a)(2); Local Rule LSR 1-2.
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 Court’s
approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3),
(2) a Financial Certificate properly signed by both the inmate and a prison or jail official
(i.e. page 4 of this Court’s approved form), and
(3) a copy of the inmate’s prison or jail trust fund account statement for the previous
six-month period.
Id.
IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF
No. 1) is DENIED without prejudice.
IT IS FURTHER ORDERED that on or before December 19, 2022, Plaintiff must either pay
the $402 filing fee for a civil action or file with the Court: (1) a complete Application to Proceed
in Forma Pauperis for Inmate on the Court’s approved form; (2) a Financial Certificate properly

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signed by both the inmate and a prison or jail official; and (3) a copy of the inmate’s prison or jail
trust fund account statement for the previous six-month period.
IT IS FURTHER ORDERED that the Clerk of the Court must send Plaintiff the approved
form application to proceed in forma pauperis for inmate along with the information and instructions
for filing the same.
IT IS FURTHER ORDERED that failure to either pay the $402 filing fee or file a complete
application to proceed in forma pauperis on or before December 19, 2022 will result in a
recommendation to dismiss this action without prejudice. A dismissal without prejudice allows
Plaintiff to file his case with the Court, under a new case number, when he is able to comply with
LSR 2-1 and file a complete application to proceed in forma pauperis or pay the required filing fee.
IT IS FURTHER ORDERED that the Court will retain Plaintiff’s Complaint (ECF No. 1-1),
but will not file it at this time.

Dated this 17th day of November, 2022.

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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