Brown v. FFIC Goodwill et al

Filing 3

ORDER Denying without prejudice 1 Motion/Application for Leave to Proceed in forma pauperis. No later than May 10, 2024, Plaintiff must either (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments; or (2) pay the $405 fee for filing a civil action. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN A RECOMMENDATION THAT THE CASE BE DISMISSED. The Clerk's Office is INSTRUCTED to send Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. Lastly, it appears to the Court that Plaintiff is attempting to bring an assault cla im regarding an altercation from which she was reported to the police. See, e.g., Docket No. 1 -1 at 3, 6 (seeking monetary damages). The Court notes, however, that Plaintiff checked the box for a habeas motion on her application to proceed in forma pauperis. Plaintiff must clearly indicate in her future filings whether she is bringing a civil rights claim for monetary relief or a habeas petition challenging her conviction or sentence. IFP or Payment of Filing Fees due 5/10/2024. Signed by Magistrate Judge Nancy J. Koppe on 3/26/2024. (Attachments: # 1 Information for Filing an Application to Proceed In Forma Pauperis by an Inmate) (Copies have been distributed pursuant to the NEF. Law Library - Florence McClure WCC to distribute ATTACHED Information for Filing an Application to Proceed In Forma Pauperis by an Inmate to Plaintiff. - RJDG)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 JESSICA BROWN, 9 10 11 12 Case No. 2:24-cv-00469-ART-NJK Plaintiff(s), 8 ORDER v. [Docket No. 1] FFIC GOODWILL, Defendant(s). Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket 13 No. 1. The application is incomplete. “When submitting an application to proceed in forma 14 pauperis, an incarcerated or institutionalized person must simultaneously submit a certificate from 15 the institution certifying the amount of funds currently held in the applicant’s trust account at the 16 institution and the net deposits in the applicant’s account for the six months before the date of 17 submission of the application.” Local Special Rule 1-2. The applicant must also submit “a 18 certified copy of the trust fund account statement.” 28 U.S.C. § 1915(a)(2). Plaintiff did not 19 submit this certificate or the certified account statement. 20 Accordingly, Plaintiff’s application to proceed in forma pauperis, Docket No. 1, is 21 DENIED without prejudice. No later than May 10, 2024, Plaintiff must either (1) file a fully 22 complete application to proceed in forma pauperis, on the correct form with complete financial 23 attachments; or (2) pay the $405 fee for filing a civil action. FAILURE TO COMPLY WITH 24 THIS ORDER MAY RESULT IN A RECOMMENDATION THAT THE CASE BE 25 DISMISSED. 26 The Clerk’s Office is INSTRUCTED to send Plaintiff the approved form application to 27 proceed in forma pauperis by a prisoner, as well as the document entitled information and 28 instructions for filing an in forma pauperis application. 1 1 Lastly, it appears to the Court that Plaintiff is attempting to bring an assault claim regarding 2 an altercation from which she was reported to the police. See, e.g., Docket No. 1-1 at 3, 6 (seeking 3 monetary damages). The Court notes, however, that Plaintiff checked the box for a habeas motion 4 on her application to proceed in forma pauperis.1 Plaintiff must clearly indicate in her future 5 filings whether she is bringing a civil rights claim for monetary relief or a habeas petition 6 challenging her conviction or sentence. 7 IT IS SO ORDERED. 8 Dated: March 26, 2024 ______________________________ Nancy J. Koppe United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 The application marks the box for federal inmates to seek habeas relief, Docket No. 1 at1, 28 which does appear to be applicable here. 2

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