Hagerman v. Culinary Worker

Filing 7

ORDER Denying without prejudice 6 Motion/Application for Leave to Proceed in forma pauperis. It is further ordered that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis for an inmate and in structions for the same. It is further ordered that, on or before, June 7, 2024, Plaintiff will either pay the full $402 filing fee or file a complete application to proceed in forma pauperis on this Court's approved form. Plaintif f is cautioned that this action will be subject to dismissal without prejudice if he fails to timely comply with this order. Signed by Magistrate Judge Brenda Weksler on 5/9/2024. (For Distribution by law library.) (Attachments: # 1 IFP Inmate Application)(Copies have been distributed pursuant to the NEF - ALZ)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
MARK HAGERMAN,

Case No.: 2:23-cv-01582-GMN-BNW

Plaintiff,
v.
CULINARY WORKER,

ORDER
(ECF No. 6)

Defendant.
I.

DISCUSSION
On October 16, 2023, the Court denied Plaintiff’s application to proceed in forma

pauperis as incomplete and directed Plaintiff to file a new fully complete application to
proceed in forma pauperis or pay the $402 filing fee. (ECF No. 3). In response, Plaintiff
filed another incomplete application to proceed in forma pauperis. (ECF No. 4). The
Court denied Plaintiff’s second incomplete application to proceed in forma pauperis and
instructed Plaintiff that if he could not get a financial certificate and a six-month trust fund
account statement from prison officials, he could submit a declaration stating all the efforts
he went through the get those documents. (ECF No. 5). The Court explained that if
Plaintiff demonstrated that he had done everything possible to obtain those documents,
the Court would consider the application complete. (Id. at 2-3).
Plaintiff has now submitted a third incomplete application to proceed in forma
pauperis. (ECF No. 6). The application is again missing a six-month trust fund account
statement, the financial certificate is not complete, and Plaintiff did not submit a
declaration stating the efforts that he went through to attempt to get those documents.
(Id.). The Court denies the incomplete application to proceed in forma pauperis and will
give Plaintiff one final opportunity to file a complete application to proceed in forma
pauperis on or before June 7, 2024.
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

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action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28

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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
statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev.
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).
In the event Plaintiff is not able to acquire the required financial certificate and
inmate account statement for the previous six-month period from prison officials, Plaintiff
may file a declaration detailing when he requested the documents, who he spoke to about
the status of the documents, who he followed up with after he did not receive the
documents, and their responses. Plaintiff’s declaration shall include dates of his requests,
dates of his follow-up requests, names of the prison officials that he spoke to about the
matter, and their responses. If Plaintiff’s declaration demonstrates that he has done all
that was possible to acquire the documents from prison officials, the Court will consider
his application to proceed in forma pauperis complete. 1
II.

CONCLUSION
For the foregoing reasons, it is ordered that Plaintiff’s incomplete application to

proceed in forma pauperis (ECF No. 6) is denied without prejudice.
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.
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It is further ordered that the Clerk of the Court will send Plaintiff the approved form
application to proceed in forma pauperis for an inmate and instructions for the same.
It is further ordered that, on or before, June 7, 2024, Plaintiff will either pay the full
$402 filing fee or file a complete application to proceed in forma pauperis on this Court’s
approved form.
It is further ordered that if Plaintiff is not able to obtain his financial certificate and
inmate account statement from prison 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 prison officials.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if
he 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 he can either pay the
required filing fee or file a complete application to proceed in forma pauperis.
9 day of May 2024.
DATED THIS ___

UNITED STATES MAGISTRATE JUDGE

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