Spellman v. CCDC et al

Filing 3

ORDER. It is therefore ordered that the application to proceed in forma pauperis 1 is denied without prejudice. It is further ordered that Plaintiff has until July 17, 2023 to either pay the full $402 filing fee or file a new fully complet e application to proceed in forma pauperis. Plaintiff is cautioned that this action will be subject to dismissal without prejudice if Plaintiff fails to timely comply with this order. See order for further details. Signed by Magistrate Judge Cam Ferenbach on 5/19/2023. (Attachments: # 1 Inmate IFP and Instructions) (Copies have been distributed pursuant to the NEF - Inmate IFP Sent to Plaintiff - LOE)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JASON SPELLMAN,

Case No.: 2:23-cv-00769-CDS-VCF

Plaintiff,
ORDER
v.
CCDC, et al.,
Defendants.
On May 16, 2023, pro se plaintiff Jason Spellman, an inmate in the custody of the
Clark County Detention Center, submitted a complaint under 42 U.S.C. § 1983 and
applied to proceed in forma pauperis. (ECF Nos. 1, 1-1). Plaintiff’s application to proceed
in forma pauperis is incomplete because Plaintiff did not submit an application on this
Court’s approved form, a completed financial certificate, and an inmate trust fund account
statement for the previous six-month period. The Court will deny Plaintiff’s application
without prejudice and give Plaintiff the opportunity to correct these deficiencies by July
17, 2023.
I.

DISCUSSION
The United States District Court for the District of Nevada must collect filing fees

from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights
action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28
U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply
to the court for leave to proceed in forma pauperis.” Nev. Loc. R. Prac. LSR 1-1. For an
inmate 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, which is pages 1–3 of the Court’s approved form, that is properly
signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is
page 4 of the Court’s approved form, that is properly 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

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statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev.

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Loc. R. Prac. LSR 1-2. In forma pauperis status does not relieve an inmate of his or her
obligation to pay the filing fee, it just means that the inmate can pay the fee in installments.
See 28 U.S.C. § 1915(b).
As explained above, Plaintiff’s application to proceed in forma pauperis is
incomplete. The Court will therefore deny Plaintiff’s application to proceed in forma
pauperis without prejudice and grant Plaintiff an extension of time to either pay the filing
fee or file a new fully complete application to proceed in forma pauperis with all three
required documents.
II.

CONCLUSION
It is therefore ordered that the application to proceed in forma pauperis (ECF No. 1)

is denied without prejudice.
It is further ordered that Plaintiff has until July 17, 2023 to either pay the full $402
filing fee or file a new fully complete application to proceed in forma pauperis with all three
required documents: (1) a completed application with the inmate’s two signatures on page
3, (2) a completed financial certificate that is signed both by the inmate and the prison or
jail official, and (3) a copy of the inmate’s trust fund account statement for the previous
six-month period.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if
Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff
to refile the case with the Court, under a new case number, when Plaintiff can file a
complete application to proceed in forma pauperis or pay the required filing fee.
The Clerk of the Court is directed to send Plaintiff the approved form application to
proceed in forma pauperis for an inmate and instructions for the same and retain the
complaint (ECF No. 1-1) but not file it at this time.
DATED THIS 19th day of May 2023.

UNITED STATES MAGISTRATE JUDGE
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