Centeno v. Grierson et al

Filing 17

ORDER denying 16 Motion for clarification. It is further ordered that the Court grants Plaintiff until 07/05/2024 to either pay the full $405 filing fee or file a 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 t rust fund account statement for the previous six-month period. The Clerk of the Court is directed to send Plaintiff Gerold Centeno the approved form application to proceed in forma pauperis for an inmate and instructions for the same. Signed by Magistrate Judge Daniel J. Albregts on 6/4/2024. (For Distribution by law library. Law Librarian please provide a copy of this order and document attached to Gerold Centeno ) (Attachments: # 1 IFP Packet)(Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GEROLD CENTENO,

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Plaintiff

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Case No. 2:23-cv-02131-JAD-DJA
ORDER

v.
STEVEN GRIERSON, et al.,

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Defendants

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I.

DISCUSSION

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On January 11, 2024, the Court ordered Plaintiff to either pay the $405 filing fee

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or file a complete application to proceed in forma pauperis by March 15, 2024. The Court

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granted an extension, and Plaintiff eventually filed a financial certificate and a trust fund

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account statement for the past six months. (ECF No. 14). But Plaintiff has not filed an

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actual application to proceed in forma pauperis. On May 8, 2024, the Court gave Plaintiff

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another extension to file a complete application to proceed in forma pauperis. (ECF No.

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15). Plaintiff has instead filed a motion for clarification. (ECF No. 16).

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In his motion for clarification, Plaintiff states that he has filed a financial certificate

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and a trust fund account statement for the past six months, and he is not sure what else

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he needs to file. (Id.). As the Court has previously explained, a fully complete application

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to proceed in forma pauperis requires three separate documents: (1) a completed

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Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the

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Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a

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completed Financial Certificate, which is page 4 of the Court’s approved form, that is

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properly signed by both the inmate and a prison or jail official; and (3) a copy of the

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inmate’s prison or jail trust fund account statement for the previous six-month

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period.

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Plaintiff has filed a financial certificate and a copy of his trust fund account

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statement for the previous six-month period. But Plaintiff has not yet filed an Application

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to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the Court’s approved

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form. In light of Plaintiff’s pro se status, the Court will grant him one final opportunity to

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file a fully complete application to proceed in forma pauperis by July 5, 2024. Absent

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unusual circumstances, the Court does not anticipate granting any further extension.

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II.

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CONCLUSION
It is therefore ordered that Plaintiff’s motion for clarification (ECF No. 16) is

DENIED in light of this order.

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It is further ordered that the Court grants Plaintiff until July 5, 2024, to either pay

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the full $405 filing fee or file a fully complete application to proceed in forma pauperis with

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all three required documents: (1) a completed application with the inmate’s two signatures

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on page 3, (2) a completed financial certificate that is signed both by the inmate and the

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prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the

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previous six-month period.

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Plaintiff is cautioned that this action will be subject to dismissal without prejudice if

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Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff

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to refile the case with the Court, under a new case number, when Plaintiff can file a

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complete application to proceed in forma pauperis or pay the required filing fee.

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The Clerk of the Court is directed to send Plaintiff Gerold Centeno the approved

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form application to proceed in forma pauperis for an inmate and instructions for the same.

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DATED THIS 4th day of June 2024.

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UNITED STATES MAGISTRATE JUDGE

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