Robinson v. Bean

Filing 5

ORDER. For the foregoing reasons, it is ordered that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in fo rma pauperis application. It is further ordered that Plaintiff has until June 10, 2024, to either pay the full $405 filing fee or file a copy of his prison trust fund account statement for the previous six-month period. Plaintiff is cautioned th at 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 co mplete application to proceed in forma pauperis or pay the required filing fee. IFP or Payment of Filing Fees due 6/10/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 5/10/2024. (Attachments: # 1 Information for Filing an Application to Proceed In Forma Pauperis)(Copies have been distributed pursuant to the NEF - RJDG)(For Distribution by law library.)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEITH D. ROBINSON,

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Case No. 2:24-cv-00436-APG-MDC
Plaintiff

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v.

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JEREMY BEAN,

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ORDER

Defendant

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I.

DISCUSSION

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Plaintiff initiated this case without filing an application to proceed in forma pauperis

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or paying the $405 filing fee. On March 12, 2024, the Court directed Plaintiff to file a fully

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complete application to proceed in forma pauperis or pay the $405 filing fee by May 13,

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2024. (ECF No. 3). Plaintiff has filed an application to proceed in forma pauperis, but it

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is incomplete because Plaintiff did not include a copy of his prison trust fund account

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statement for the previous six-month period. (ECF No 4).

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

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from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights

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action is $405, which includes the $350 filing fee and the $55 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

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to the court for leave to proceed in forma pauperis.” Nev. Loc. R. Prac. LSR 1-1. For an

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inmate to apply for in forma pauperis status, the inmate must submit all three of the

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following documents to the Court: (1) a completed Application to Proceed in Forma

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Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly

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signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is

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page 4 of the Court’s approved form, that is properly signed by both the inmate and a

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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

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obligation to pay the filing fee, it just means that the inmate can pay the fee in installments.

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See 28 U.S.C. § 1915(b).

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II.

CONCLUSION

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For the foregoing reasons, it is ordered that the Clerk of the Court will send Plaintiff

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the approved form application to proceed in forma pauperis by an inmate, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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It is further ordered that Plaintiff has until June 10, 2024, to either pay the full $405

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filing fee or file a copy of his prison trust fund account statement for the previous six-

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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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DATED THIS 10th day of May 2024.

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___________________________________
Hon. Maximiliano D. Couvillier III
UNITED STATES MAGISTRATE JUDGE

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