Simmons v. The State of Nevada et al

Filing 3

ORDER - IFP Application (ECF No. #1 ) is denied without prejudice. Plaintiff has until August 2, 2024 to either pay the full $405 filing fee or file a new fully complete IFP Application. The Clerk of the Court is directed to send plaintiff Steven Simmons the approved form application to proceed in forma pauperis for an inmate and instructions for the same, and to retain the complaint (ECF No. 1-1) but not file it at this time. Signed by Magistrate Judge Brenda Weksler on 6/3/2024. (For Distribution by law library.) (Attachments: #1 IFP form/Instruction)(Copies have been distributed pursuant to the NEF - DLS)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
STEVEN A. SIMMONS,

Case No.: 2:24-cv-01011-CDS-BNW

Plaintiff,
ORDER
v.
(ECF No. 1)
STATE OF NEVADA, et al.,
Defendants.
On May 28, 2024, pro se plaintiff Steven Simmons, 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. The application to proceed in forma pauperis is deficient
because Plaintiff did not use the Court’s approved form application and failed to submit a financial
certificate and an inmate trust fund account statement for the previous six-month period with it.
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. 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. 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).
It is therefore ordered that the application to proceed in forma pauperis (ECF No. 1) is
denied without prejudice.

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It is further ordered that Plaintiff has until August 2, 2024, to either pay the full $405 filing

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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 he
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 Steven Simmons the approved form
application to proceed in forma pauperis for an inmate and instructions for the same, and to retain
the complaint (ECF No. 1-1) but not file it at this time.
DATED: June 3, 2024

UNITED STATES MAGISTRATE JUDGE

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