Iske v. CCDC et al

Filing 4

ORDER denying 3 Motion requesting that the Court order inmate banking to provide him with a financial certificate within 14 days. Payment of filing fees due 11/20/2024. The Clerk of the Court is directed to retain the complaint (ECF No. 1 - 1 ) but not file it at this time. Signed by Magistrate Judge Daniel J. Albregts on 9/24/2024. (Attachments: # 1 IFP Packet)(Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HARLAN ISKE,

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Plaintiff

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Case No. 2:24-cv-01586-CDS-DJA
ORDER

v.
CCDC, et al.,

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Defendants

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On August 27, 2024, pro se plaintiff Harlan Iske, an inmate being detained at the

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Clark County Detention Center, submitted a complaint under 42 U.S.C. § 1983. (ECF No.

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1-1). Plaintiff has neither paid the full $405 filing fee for this matter nor filed an application

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to proceed in forma pauperis. (See ECF No. 1).

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Plaintiff subsequently filed a motion requesting that the Court order “Clark County

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Detention Center and or Inmate Banking” to provide him a financial certificate within 14

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days. (ECF No. 3). Plaintiff’s motion is denied. However, the Court will grant Plaintiff an

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extension of 60 days to file a complete application to proceed in forma pauperis.

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I.

DISCUSSION

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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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Loc. R. Prac. LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate

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must submit all three of the following documents to the Court: (1) a completed

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Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the

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Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a

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completed Financial Certificate, which is page 4 of the Court’s approved form, that is

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properly signed by both the inmate and a prison or jail official; and (3) a copy of the

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inmate’s prison or jail trust fund account statement for the previous six-month

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period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. Loc. R. Prac. LSR 1-2. In forma pauperis

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status does not relieve an inmate of his or her obligation to pay the filing fee, it just means

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that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b).

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II.

CONCLUSION

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It is therefore ordered that Plaintiff has until November 20, 2024, to either pay the

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

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

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

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

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previous six-month period.

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It is further ordered that Plaintiff’s motion requesting that the Court order inmate

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banking to provide him with a financial certificate within 14 days (ECF No. 3) is DENIED.

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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 Harlan Iske the approved form

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

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

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DATED THIS 24th day of September 2024.

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UNITED STATES MAGISTRATE JUDGE

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