Luna v. Mood et al

Filing 3

ORDER. Accordingly, IT IS HEREBY ORDERED that on or before August 23, 2024, Plaintiff must either pay the $405 filing fee for a civil action or file with the Court: (1) a complete Application to Proceed in Forma Pauperis for Inmate on the Courts approved form; (2) a Financial Certificate properly signed by both the inmate and a prison or jail official; and (3) a copy of the inmates prison or jail trust fund account statement for the previous six-month period. IT IS FURTHER ORDE RED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis for inmate along with the information and instructions for filing the same. IT IS FURTHER ORDERED that the Court will retain Plaint iffs Complaint ECF No. 1 , but will not file it at this time. IT IS FURTHER ORDERED that failure to either pay the $405 filing fee or file a complete application to proceed in forma pauperis on or before August 23, 2024, will result in a recommendation to dismiss this action without prejudice. Signed by Magistrate Judge Elayna J. Youchah on 7/8/2024. (Copies have been distributed pursuant to the NEF cc IFP Inmate Application - CAH)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JUAN LUNA, 4 5 6 7 Case No. 2:24-cv-01199-JAD-EJY Plaintiff, ORDER v. LINDA MOOD, et al., Defendants. 8 9 Plaintiff, an inmate proceeding pro se, submitted a Civil Rights Complaint under 42 U.S.C. 10 § 1983 on April 1, 2024. ECF No. 1. Plaintiff neither paid the $405 filing fee nor filed an application 11 to proceed in forma pauperis (“IFP”), one of which is necessary to commence a civil action. If 12 Plaintiff wants to proceed without prepaying the filing fee he may do so under 28 U.S.C. § 1915(a) 13 and Local Rule LSR 1-2. To apply for in forma pauperis status Plaintiff must submit three required 14 documents to the Court. These include: (1) a completed Application to Proceed in forma pauperis 15 for Inmate, on this Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures 16 on page 3), (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 17 (i.e. page 4 of this Court’s approved form), and (3) a copy of the inmate’s prison or jail trust fund 18 account statement for the previous six-month period. 19 Accordingly, IT IS HEREBY ORDERED that on or before August 23, 2024, Plaintiff must 20 either pay the $405 filing fee for a civil action or file with the Court: (1) a complete Application to 21 Proceed in Forma Pauperis for Inmate on the Court’s approved form; (2) a Financial Certificate 22 properly signed by both the inmate and a prison or jail official; and (3) a copy of the inmate’s prison 23 or jail trust fund account statement for the previous six-month period. 24 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 25 form application to proceed in forma pauperis for inmate along with the information and instructions 26 for filing the same. 27 28 1 2 IT IS FURTHER ORDERED that the Court will retain Plaintiff’s Complaint (ECF No. 1), but will not file it at this time. 3 IT IS FURTHER ORDERED that failure to either pay the $405 filing fee or file a complete 4 application to proceed in forma pauperis on or before August 23, 2024, will result in a 5 recommendation to dismiss this action without prejudice. A dismissal without prejudice allows 6 Plaintiff to file his case with the Court, under a new case number, when she is able to comply with 7 LSR 2-1 and file a complete application to proceed in forma pauperis or pay the required filing fee. 8 Dated this 8th day of July, 2024. 9 10 11 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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