Ariel v. State of Nevada et al

Filing 3

ORDER denying #1 Motion/Application for Leave to Proceed in forma pauperis without prejudice. It is further ordered that Plaintiff has until December 23, 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 the Court is directed to send plaintiff Brittney Youne Ariel 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 Brenda Weksler on 10/24/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF cc IFP Form sent to Plaintiff - CAH)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 BRITTNEY YOUNE ARIEL, Case No.: 2:24-cv-01625-APG-BNW 4 Plaintiff, 5 ORDER v. 6 (ECF No. 1) STATE OF NEVADA, et al., 7 Defendants. 8 9 On September 3, 2024, pro se plaintiff Brittney Youne Ariel, an inmate in the custody of 10 the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983 and applied 11 to proceed in forma pauperis. ECF Nos. 1-1, 1. The application to proceed in forma pauperis is 12 deficient because Plaintiff failed to submit his financial certificate and inmate trust fund account 13 statement for the previous six-month period with it. 14 This Court must collect filing fees from parties initiating civil actions. 28 U.S.C. § 1914(a). 15 The fee for filing a civil-rights action is $405, which includes the $350 filing fee and the $55 16 administrative fee. See 28 U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a 17 civil case may apply to the court for leave to proceed in forma pauperis.” Nev. LSR 1-1. For an 18 inmate to apply for in forma pauperis status, the inmate must submit all three of the following 19 documents to the Court: (1) a completed Application to Proceed in Forma Pauperis for Inmate, 20 which is pages 1–3 of the Court’s approved form, that is properly signed by the inmate twice on 21 page 3; (2) a completed Financial Certificate, which is page 4 of the Court’s approved form, that 22 is properly signed by both the inmate and a prison or jail official; and (3) a copy of the inmate’s 23 prison or jail trust fund account statement for the previous six-month period. See 28 U.S.C. 24 § 1915(a)(1)–(2); Nev. LSR 1-2. In forma pauperis status does not relieve an inmate of his or her 25 obligation to pay the filing fee, it just means that the inmate can pay the fee in installments. See 28 26 U.S.C. § 1915(b). 27 28 It is therefore ordered that the application to proceed in forma pauperis (ECF No. 1) is denied without prejudice. 1 It is further ordered that Plaintiff has until December 23, 2024, to either pay the full $405 2 filing fee or file a new fully complete application to proceed in forma pauperis with all three 3 required documents: (1) a completed application with the inmate’s two signatures on page 3, (2) a 4 completed financial certificate that is signed both by the inmate and the prison or jail official, and 5 (3) a copy of the inmate’s trust fund account statement for the previous six-month period. 6 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if he 7 fails to timely comply with this order. A dismissal without prejudice allows Plaintiff to refile the 8 case with the Court, under a new case number, when he can file a complete application to proceed 9 in forma pauperis or pay the required filing fee. 10 The Clerk of the Court is directed to send plaintiff Brittney Youne Ariel the approved 11 form application to proceed in forma pauperis for an inmate and instructions for the same, and to 12 retain the complaint (ECF No. 1-1) but not file it at this time. 13 DATED: October 24, 2024 14 15 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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