Humphrey v. County of Henderson et al

Filing 6

ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion Pursuant to Federal Rules of Civil Procedure 7 (ECF No. 4 ) is DENIED. IT IS FURTHER ORDERED that on or before June 28, 2024, Plaintiff must file her updated address with the Court. IT IS FURTHER ORDERED that on or before June 28, 2024, Plaintiff must either pay the $405 filing fee for a civil action or file with the Court a complete IFP Application. IT IS FURTHER ORDERED that the Court will retain Pl aintiff's Complaint (ECF No. 1-1), but will not file it at this time. IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis for inmate along with the information and instructions for filing the same. (Mailed 6/4/2024). Signed by Magistrate Judge Elayna J. Youchah on 6/3/2024. (Copies have been distributed pursuant to the NEF - DLS)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
DARRIANA HUMPHREY,
Plaintiff,
v.

Case No. 2:24-cv-00456-GMN-EJY
ORDER

COUNTY OF HENDERSON, et al.,
Defendants.

On March 4, 2024, Plaintiff submitted a Civil Rights Complaint under 42 U.S.C. § 1983
contending she is a pretrial detainee housed at Henderson County Detention Center (“HCDC”). ECF
No. 1-1. Plaintiff neither paid the $405 filing fee for a civil action nor applied to proceed in forma
pauperis (“IFP”). ECF No. 1. On March 14, 2024, Plaintiff filed a Motion Pursuant to Federal
Rules of Civil Procedure 7 arguing HCDC has no system to “comply with the court order to sign the
IFP form and allow the plaintiff to proceed with her case.” ECF No. 4. Plaintiff asks the Court to
order HCDC to provide the financial documents necessary for her to properly apply for IFP status.
Id.
Two weeks later, on March 28, 2024, Plaintiff filed a notice that she had been transferred to
Dakota County Jail (“DCJ”) in Hastings, Minnesota. ECF No. 5. According to DCJ’s inmate
database Plaintiff is no longer housed at that facility and fails to file her updated address with the
Court in compliance with Local Rule IA 3-1.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion Pursuant to Federal Rules
of Civil Procedure 7 (ECF No. 4) is DENIED.
IT IS FURTHER ORDERED that on or before June 28, 2024, Plaintiff must file her updated
address with the Court.
IT IS FURTHER ORDERED that on or before June 28, 2024, Plaintiff must either pay the
$405 filing fee for a civil action 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

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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 Plaintiff’s failure to update her address and either pay the
$405 filing fee or file a complete application to proceed in forma pauperis on or before June 28,
2024, will result in a recommendation to dismiss this action without prejudice. A dismissal without
prejudice allows Plaintiff to file her case with the Court, under a new case number, when she 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 will 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 3rd day of June, 2024.

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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