Santistevan v. Bean et al

Filing 3

ORDER - It is therefore ordered that Plaintiff has until Friday, July 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. The Clerk of th e Court is directed to send plaintiff Jerry Santistevan 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 Maximiliano D. Couvillier, III on 6/5/2024. (For Distribution by law library.) (Attachments: # 1 IFP form/Instruction)(Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JERRY SANTISTEVAN,
Plaintiff,
v.

Case No.: 2:24-cv-01038-APG-MDC
ORDER

BEAN, et al.,
Defendants.

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On June 3, 2024, pro se plaintiff Jerry Santistevan, an inmate in the custody of the

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Nevada Department of Corrections, submitted a civil-rights complaint under 42 U.S.C.

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§ 1983, a financial certificate, and an inmate trust fund account statement for the previous

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six-month period. (ECF Nos. 1-1, 1-2). Plaintiff’s request to proceed in forma pauperis is

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deficient because Plaintiff has not submitted an application for that status.

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The United States District Court for the District of Nevada must collect filing fees

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from parties initiating civil actions. 28 U.S.C. § 1914(a). As of December 1, 2023, the fee

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for filing a civil-rights action is $405, which includes the $350 filing fee and the $55

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administrative fee. See 28 U.S.C. § 1914(b). “Any person who is unable to prepay the

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fees in a civil case may apply to the court for leave to proceed in forma pauperis.” Nev.

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LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate must submit all

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three of the following documents to the Court: (1) a completed Application to Proceed

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in Forma Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is

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properly signed by the inmate twice on page 3; (2) a completed Financial Certificate,

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which is page 4 of the Court’s approved form, that is properly signed by both the inmate

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and a prison or jail official; and (3) a copy of the inmate’s prison or jail trust fund

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account statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–

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(2); Nev. LSR 1-2. In forma pauperis status does not relieve an inmate of his or her

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obligation to pay the filing fee, it just means that the inmate can pay the fee in installments.

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See 28 U.S.C. § 1915(b).

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It is therefore ordered that Plaintiff has until Friday, July 5, 2024, to either pay the

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full $405 filing fee or file a new fully complete application to proceed in forma pauperis

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with all three required documents: (1) a completed application with the inmate’s two

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signatures on page 3, (2) a completed financial certificate that is signed both by the

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inmate and the prison or jail official, and (3) a copy of the inmate’s trust fund account

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statement for the previous six-month period.

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Plaintiff is cautioned that this action will be subject to dismissal without prejudice if

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Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff

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to refile the case with the Court, under a new case number, when Plaintiff can file a

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complete application to proceed in forma pauperis or pay the required filing fee.

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The Clerk of the Court is directed to send plaintiff Jerry Santistevan the approved

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form application to proceed in forma pauperis for an inmate and instructions for the same,

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and to retain the complaint (ECF No. 1-1) but not file it at this time.

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DATED THIS 5th day of June 2024.

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Hon. Maximiliano D Couvillier III
UNITED STATES MAGISTRATE JUDGE

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