Combs v. Oliver et al

Filing 3

ORDER Denying without prejudice 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that failure to either pay the $405 filing fee or file a complete application to proceed in forma pauperis on or before 4/8/2024. Signed by Magistrate Judge Elayna J. Youchah on 2/6/2024. (Attachments: # 1 IFP/Instructions)(Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 DISTRICT OF NEVADA Matthew Combs, Plaintiff, v. Case No. 2:24-cv-00168-ART-EJY ORDER Oliver, et al., Defendants. Plaintiff submitted an incomplete application to proceed in forma pauperis (“IFP”) together with a Civil Rights Complaint under 42 U.S.C. § 1983 on January 24, 2024. ECF Nos. 1, 1-1. The IFP application is not on this Court’s approved form and fails to include Plaintiff’s inmate financial certificate and trust fund account statement for the previous six-month period. Even if Plaintiff has not been in the custody of the Nevada Department of Corrections (“NDOC”) for a full six-month period, Plaintiff must still submit a financial certificate and his inmate trust fund account statement for the dates he has been at an NDOC facility. 28 U.S.C. § 1915(a)(2); Local Rule LSR 1-2. Accordingly, 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 April 8, 2024, Plaintiff must either pay the $405 filing fee for a civil action 1 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 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 failure to either pay the $405 filing fee or file a complete application to proceed in forma pauperis on or before April 8, 2024, will result in a recommendation to dismiss this action without prejudice. A dismissal without prejudice allows Plaintiff to file his As of December 1, 2023, the fee for filing a civil-rights action is $405, which includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C. § 1914(b). 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 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. 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. DATED this 6th day of February, 2024. ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 2

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