Block v. Health Plan of Nevada

Filing 3

ORDER. IT IS THEREFORE ORDERED that plaintiff shall have until May 27, 2024, to either (1) file an application to proceed in forma pauperis or (2) pay the requisite $405 fee ($350 filing fee + $55 administrative fee) for filin g a civil action. IT IS FURTHER ORDERED that Plaintiff shall have until May 27, 2024, to file a complaint. See order for further details. Signed by Magistrate Judge Brenda Weksler on 4/26/2024. (Attachments: # 1 IFP non inmate, # 2 Complaint)(Copies have been distributed pursuant to the NEF - CT)

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4

***

5

Ann Block,

6

Plaintiff,
ORDER

7
8

Case No. 2:24-cv-00781-APG-BNW

v.
Health Plan of Nevada,

9

Defendant.

10
11
Plaintiff Ann Block has filed several documents with this Court in an attempt to file a

12
13

claim. ECF No. 1. But before this case can proceed plaintiff must file an application to proceed

14

in forma pauperis or pay the requisite $405 filing fee by May 27, 2024. In addition, plaintiff must

15

file a complaint.

16

I.

In forma pauperis request or payment of fee
A plaintiff has two options to proceed in this Court with her claims against Health Plan of

17
18

Southern Nevada. She can (1) pay the full $405 fee for a civil action (which includes the $350

19

filing fee and the $55 administrative fee) or (2) commence an action without paying the filing

20

fees by submitting an affidavit stating that she lacks sufficient funds. Escobedo v. Applebees, 787

21

F.3d 1226, 1234 (9th Cir. 2015).
Plaintiff has not paid the filing fee or submitted an application to procced in forma

22
23

pauperis. As a result, this Court will set a deadline for May 27, 2024, for plaintiff to choose one

24

of the two options mentioned above. In addition, this Court will instruct the Clerk of Court to

25

send plaintiff an application to proceed in forma pauperis.

26
27
28

II.

Filing a complaint
Plaintiff cannot submit a letter to this Court and attach documents as a substitute for a

complaint. Plaintiff must file a complaint containing a short and plain statement of the grounds

1

for the Court’s jurisdiction. See Fed. R. Civ. P. 8(a)(1). Additionally, the complaint must contain

2

a short and plain statement describing the underlying case and defendant’s involvement in the

3

case. See Fed. R. Civ. P. 8(a)(2). Although the Federal Rules of Civil Procedure adopt a flexible

4

pleading standard, plaintiff still must give the defendant fair notice of the plaintiff’s claims

5

against it and plaintiff’s entitlement to relief.
This Court will set a deadline for May 27, 2024, for plaintiff to file a complaint. In

6
7

addition, this Court will instruct the Clerk of Court to send plaintiff a sample pro se complaint

8

form as it appears in the Forms Section of this Court’s website.

9
10

III.

Conclusion
IT IS THEREFORE ORDERED that plaintiff shall have until May 27, 2024, to either

11

(1) file an application to proceed in forma pauperis or (2) pay the requisite $405 fee ($350 filing

12

fee + $55 administrative fee) for filing a civil action.

13
14
15

IT IS FURTHER ORDERED that Plaintiff shall have until May 27, 2024, to file a
complaint.
IT IS FURTHER ORDERED that the Clerk of Court is directed to send plaintiff (1) a

16

copy of form AO 240 (IFP Application to Proceed Without Prepayment of Fees) and (2) a sample

17

pro se complaint form as it appears in the Forms Section of this Court’s website.

18
19

IT IS FURTHER ORDERED that failure to timely comply with this order may result in
a recommendation to the district judge that this case be dismissed.

20
21

DATED: April 25, 2024.

22
23
24

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
Page 2 of 2