Rios v. Schmidig et al

Filing 3

ORDER. It is therefore ordered that Plaintiff has until August 30, 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 wi th 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 the approved form application to proceed in forma pauperis for an inmate and instruc tions for the same and retain the complaint (ECF No. 1 -1) but not file it at this time. IFP or payment of filing fees due 8/30/2024. Signed by Magistrate Judge Brenda Weksler on 7/3/2024. (For Distribution by law library.) (Attachments: # 1 Information for Filing an Application to Proceed In Forma Pauperis by an Inmate)(Copies have been distributed pursuant to the NEF - RJDG)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 THOMAS RIOS, 4 Plaintiff 5 6 Case No. 2:24-cv-01174-GMN-BNW ORDER v. SCHMIDIG, et al., 7 Defendants 8 9 On June 27, 2024, pro se plaintiff Thomas Rios, an inmate in the custody of the 10 Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983. (ECF 11 No. 1-1). Plaintiff has neither paid the full $405 filing fee for this matter nor filed an 12 application to proceed in forma pauperis. (See ECF No. 1). 13 I. DISCUSSION 14 The United States District Court for the District of Nevada must collect filing fees 15 from parties initiating civil actions. 28 U.S.C. § 1914(a). As of December 1, 2023, the fee 16 for filing a civil-rights action is $405, which includes the $350 filing fee and the $55 17 administrative fee. See 28 U.S.C. § 1914(b). “Any person who is unable to prepay the 18 fees in a civil case may apply to the court for leave to proceed in forma pauperis.” Nev. 19 Loc. R. Prac. LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate 20 must submit all three of the following documents to the Court: (1) a completed 21 Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the 22 Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a 23 completed Financial Certificate, which is page 4 of the Court’s approved form, that is 24 properly signed by both the inmate and a prison or jail official; and (3) a copy of the 25 inmate’s prison or jail trust fund account statement for the previous six-month 26 period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. Loc. R. Prac. LSR 1-2. In forma pauperis 27 status does not relieve an inmate of his or her obligation to pay the filing fee, it just means 28 that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b). 1 II. CONCLUSION 2 It is therefore ordered that Plaintiff has until August 30, 2024, to either pay the full 3 $405 filing fee or file a fully complete application to proceed in forma pauperis with all 4 three required documents: (1) a completed application with the inmate’s two signatures 5 on page 3, (2) a completed financial certificate that is signed both by the inmate and the 6 prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the 7 previous six-month period. 8 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 9 Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 10 to refile the case with the Court, under a new case number, when Plaintiff can file a 11 complete application to proceed in forma pauperis or pay the required filing fee. 12 The Clerk of the Court is directed to send Plaintiff the approved form application to 13 proceed in forma pauperis for an inmate and instructions for the same and retain the 14 complaint (ECF No. 1-1) but not file it at this time. 15 16 DATED THIS 3rd day of July 2024. 17 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 -2-

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