Divens v. Williams et al

Filing 3

ORDER. It is therefore ordered that Plaintiff has until July 3, 2024, to either pay the full $405 filing fee or file a 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. The Clerk of the Court is directed to send Plaintiff Emile Divens the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint (ECF No. #1 ) but not file it at this time. Payment of filing fees due 7/3/2024. Signed by Magistrate Judge Brenda Weksler on 6/3/2024. (Attachments: #1 Information for Filing an Application to Proceed In Forma Pauperis by an Inmate)(Copies have been distributed pursuant to the NEF - RJDG) (For Distribution by law library.)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
EMILE DIVENS,

Case No.: 2:24-cv-00942-APG-BNW

Plaintiff,
v.

ORDER

JULIE WILLIAMS, et al.,
Defendants.
On May 20, 2024, pro se plaintiff Emile Divens, an inmate in the custody of the
Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983. (ECF
No. 1-1). Plaintiff has neither paid the full $405 filing fee for this matter nor filed an
application to proceed in forma pauperis. (See ECF No. 1).
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
must submit all three of the following documents to the Court: (1) a completed
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).

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II.

CONCLUSION
It is therefore ordered that Plaintiff has until July 3, 2024, to either pay the full

$405 filing fee or file a 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.
The Clerk of the Court is directed to send Plaintiff Emile Divens the approved form
application to proceed in forma pauperis for an inmate and instructions for the same and
retain the complaint (ECF No. 1) but not file it at this time.

DATED THIS

3

day of June 2024.

UNITED STATES MAGISTRATE JUDGE

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