Villamor v. Metcalfe et al

Filing 7

ORDER. IT IS ORDERED: ORDER granting 6 Motion/Application for Leave to Proceed in forma pauperis. However, Plaintiff shall be required to pay an initial installment fee in the amount of $82.76 toward the full filing fee of $350. Pla intiff shall have the designated fee sent to the Clerks Office no later than July 17, 2024. The Clerk's Office shall provide Plaintiff with two copies of this Order.The Clerks Office shall send a copy of this Order to the attention of the inmate accounts department at Clark County Detention Center, 3330 South Casino Center Boulevard, Las Vegas, Nevada 89101. The Clerks Office shall provide a copy of this Order to the Finance Division of theClerks Office.Signed by Magistrate Judge Nancy J. Koppe on 6/4/2024. (Copies have been distributed pursuant to the NEF - cc: Finance/CCDC Accounts Dept - 2 copies mailed to P - ALZ)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 CHADWICK FABIAN VILLAMOR, 9 10 Case No. 2:24-cv-00940-APG-NJK Plaintiff(s), 8 ORDER v. [Docket No. 6] OFFICER J. METCALFE, et al., Defendant(s). 11 12 Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket 13 No. 6. Subject to the conditions outlined below, the Court GRANTS the application to proceed 14 in forma pauperis. 15 Plaintiff must pay an initial partial filing fee of the greater of twenty percent of the average 16 monthly deposits or twenty percent of the average monthly balance of his account for the six 17 months immediately preceding the commencement of this action. See 28 U.S.C. § 1915(b)(1). 18 Plaintiff’s average monthly balance is $153.36, and his average monthly deposit is $413.81. 19 Docket No. 6 at 4. Therefore, the Court finds that Plaintiff must pay an initial partial filing fee of 20 $82.76. 21 Accordingly, IT IS ORDERED: 22 1. Plaintiff’s Application to Proceed in Forma Pauperis (Docket No. 6) without 23 having to prepay the full filing fee is GRANTED. However, Plaintiff shall be required to pay an 24 initial installment fee in the amount of $82.76 toward the full filing fee of $350. Plaintiff shall 25 have the designated fee sent to the Clerk’s Office no later than July 17, 2024. Failure to do so 26 27 28 1 1 may result in dismissal of this action. Furthermore, even if this action is dismissed, the full filing 2 fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).1 3 2. Plaintiff is permitted to maintain this action to conclusion without the necessity of 4 prepayment of any additional fees or costs or the giving of security therefor. This Order granting 5 in forma pauperis status shall not extend to the issuance and/or service of subpoenas at government 6 expense. 7 3. The Clerk’s Office shall provide Plaintiff with two copies of this Order. Plaintiff 8 is ordered to make the necessary arrangements to have one copy of this Order attached to the check 9 in the amount of the designated fee. 10 4. The Clerk’s Office shall send a copy of this Order to the attention of the inmate 11 accounts department at Clark County Detention Center, 3330 South Casino Center Boulevard, Las 12 Vegas, Nevada 89101. Pursuant to 28 U.S.C. § 1915(b)(2), Clark County Detention Center shall 13 forward to the Clerk of the United States District Court, District of Nevada, twenty percent of the 14 preceding month’s deposits to Plaintiff’s inmate trust account (in the months that the account 15 exceeds $10.00) until the full $350 filing fee has been paid for this action. 16 5. The Clerk’s Office shall provide a copy of this Order to the Finance Division of the 17 Clerk’s Office. 18 IT IS SO ORDERED. 19 Dated: June 4, 2024 ______________________________ Nancy J. Koppe United States Magistrate Judge 20 21 22 23 24 25 26 27 1 After it has received the partial filing fee as ordered herein, the Court will screen Plaintiff’s complaint as required by 28 U.S.C. § 1915. Nothing in this order should be construed 28 as suggesting that the Court will allow any of Plaintiff’s claims to proceed past the screening phase. 2

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