Hill v. State of Nevada et al

Filing 4

ORDER - It is therefore ordered that the application to proceed in forma pauperis ECF No. 1 is denied without prejudice. It is further ordered that Plaintiff has until August 5, 2024, to either pay the full $405 filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents: (1) a completed application with the inmate's two signatures on page 3, (2) a completed financial certificate that is signed both by the inmate and the prison or jail official, and (3) a copy of the inmate's trust fund account statement for the previous six-month period. The Clerk of the Court is directed to send Plaintiff JoAquin Hill the approved form application to proc eed in forma pauperis for an inmate and instructions for the same and retain the complaint ECF No. 1 -1 but not file it at this time. The Clerk of the Court is directed to resend Plaintiff JoAquin Hill a copy of its advisory letter ECF N o. 2 . (Emailed on 6/4/2024). Signed by Magistrate Judge Daniel J. Albregts on 6/4/2024. (For Distribution by law library.) (Attachments: # 1 IFP Form and Instructions)(Copies have been distributed pursuant to the NEF - GA) (Additional attachment(s) added on 6/4/2024: # 2 Copy of Advisory Letter ECF No. 2) (GA).

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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 JOAQUIN HILL, Case No.: 2:24-cv-00923-JAD-DJA Plaintiff, v. STATE OF NEVADA, et al., ORDER (ECF No. 1) Defendants. On May 16, 2024, pro se plaintiff JoAquin Hill, an inmate in the custody of the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983 and applied to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application to proceed in forma pauperis is incomplete because the financial certificate is not complete and Plaintiff did not include an inmate trust fund account statement for the previous six-month period with the application. The Court will deny Plaintiff’s application without prejudice and give Plaintiff the opportunity to correct these deficiencies by August 5, 2024. After Plaintiff initiated this action, the Court sent him an advisory letter with information about the legal process. (ECF No. 2). The letter came back as undeliverable to Plaintiff at High Desert State Prison. (ECF No. 3). However, according to the Nevada Department of Corrections online database, Plaintiff is currently housed at High Desert State Prison. As such, the Court will resend its advisory letter. I. DISCUSSION The United States District Court for the District of Nevada must collect filing fees from parties initiating civil actions. 28 U.S.C. § 1914(a). 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). “Any person who is unable to prepay the fees in a civil case may apply to the court for leave to proceed in forma pauperis.” Nev. Loc. R. Prac. LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate 1 must submit all three of the following documents to the Court: (1) a completed 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 Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is page 4 of the Court’s approved form, that is 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. See 28 U.S.C. § 1915(a)(1)–(2); Nev. Loc. R. Prac. LSR 1-2. In forma pauperis status does not relieve an inmate of his or her obligation to pay the filing fee, it just means that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b). As explained above, Plaintiff’s application to proceed in forma pauperis is incomplete. The Court will therefore deny Plaintiff’s application to proceed in forma pauperis without prejudice and grant Plaintiff an extension of time to either pay the filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents. II. CONCLUSION It is therefore ordered that the application to proceed in forma pauperis (ECF No. 1) is denied without prejudice. It is further ordered that Plaintiff has until August 5, 2024, to either pay the full $405 filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents: (1) a completed application with the inmate’s two signatures on page 3, (2) a completed financial certificate that is signed both by the inmate and the prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the previous six-month period. Plaintiff is cautioned that 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 complete application to proceed in forma pauperis or pay the required filing fee. /// 2 1 The Clerk of the Court is directed to send Plaintiff JoAquin Hill the approved form 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 application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint (ECF No. 1-1) but not file it at this time. The Clerk of the Court is directed to resend Plaintiff JoAquin Hill a copy of its advisory letter (ECF No. 2). DATED THIS 4th day of June 2024. ____________________________________ UNITED STATES MAGISTRATE JUDGE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 3

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