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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 HARLAN ISKE, 4 Plaintiff 5 6 Case No. 2:24-cv-01586-CDS-DJA ORDER v. CCDC, et al., 7 Defendants 8 9 On August 27, 2024, pro se plaintiff Harlan Iske, an inmate being detained at the 10 Clark County Detention Center, submitted a complaint under 42 U.S.C. § 1983. (ECF No. 11 1-1). Plaintiff has neither paid the full $405 filing fee for this matter nor filed an application 12 to proceed in forma pauperis. (See ECF No. 1). 13 Plaintiff subsequently filed a motion requesting that the Court order “Clark County 14 Detention Center and or Inmate Banking” to provide him a financial certificate within 14 15 days. (ECF No. 3). Plaintiff’s motion is denied. However, the Court will grant Plaintiff an 16 extension of 60 days to file a complete application to proceed in forma pauperis. 17 I. DISCUSSION 18 The United States District Court for the District of Nevada must collect filing fees 19 from parties initiating civil actions. 28 U.S.C. § 1914(a). As of December 1, 2023, the fee 20 for filing a civil-rights action is $405, which includes the $350 filing fee and the $55 21 administrative fee. See 28 U.S.C. § 1914(b). “Any person who is unable to prepay the 22 fees in a civil case may apply to the court for leave to proceed in forma pauperis.” Nev. 23 Loc. R. Prac. LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate 24 must submit all three of the following documents to the Court: (1) a completed 25 Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the 26 Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a 27 completed Financial Certificate, which is page 4 of the Court’s approved form, that is 28 properly signed by both the inmate and a prison or jail official; and (3) a copy of the 1 inmate’s prison or jail trust fund account statement for the previous six-month 2 period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. Loc. R. Prac. LSR 1-2. In forma pauperis 3 status does not relieve an inmate of his or her obligation to pay the filing fee, it just means 4 that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b). 5 II. CONCLUSION 6 It is therefore ordered that Plaintiff has until November 20, 2024, to either pay the 7 full $405 filing fee or file a fully complete application to proceed in forma pauperis with all 8 three required documents: (1) a completed application with the inmate’s two signatures 9 on page 3, (2) a completed financial certificate that is signed both by the inmate and the 10 prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the 11 previous six-month period. 12 It is further ordered that Plaintiff’s motion requesting that the Court order inmate 13 banking to provide him with a financial certificate within 14 days (ECF No. 3) is DENIED. 14 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 15 Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 16 to refile the case with the Court, under a new case number, when Plaintiff can file a 17 complete application to proceed in forma pauperis or pay the required filing fee. 18 The Clerk of the Court is directed to send Plaintiff Harlan Iske the approved form 19 application to proceed in forma pauperis for an inmate and instructions for the same and 20 retain the complaint (ECF No. 1-1) but not file it at this time. 21 22 DATED THIS 24th day of September 2024. 23 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?