Hagerman v. NDOC Medical et al

Filing 4

ORDER denying without prejudice #3 Motion/Application for Leave to Proceed in forma pauperis. Payment of filing fees due 11/20/2024. The Clerk of the Court is directed to retain the complaint #1 - #1 but not file it at this time. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 9/23/2024. (For Distribution by law library. Law librarian please provide a copy of the order and IFP Packet to P. ) (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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MARK HAGERMAN,
Plaintiff,

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v.
NDOC MEDICAL, et al.,

Case No.: 2:24-cv-01645-GMN-MDC
ORDER
(ECF No. 3)

Defendants.

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On September 5, 2024, pro se plaintiff Mark Hagerman, an inmate in the custody

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of the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983.

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(ECF No. 1-1). Plaintiff subsequently filed an application to proceed in forma pauperis

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(ECF No. 3). Plaintiff’s application to proceed in forma pauperis is incomplete because

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the financial certificate is not complete and Plaintiff did not include an inmate trust

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fund account statement for the previous six-month period. The Court will deny

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Plaintiff’s application without prejudice and give Plaintiff the opportunity to correct these

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deficiencies by November 20, 2024.

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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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As explained above, Plaintiff’s application to proceed in forma pauperis is

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incomplete. The Court will therefore deny Plaintiff’s application to proceed in forma

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pauperis without prejudice and grant Plaintiff an extension of time to either pay the filing

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fee or file a new fully complete application to proceed in forma pauperis with all three

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required documents.

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II.

CONCLUSION
It is therefore ordered that the application to proceed in forma pauperis (ECF No. 3)

is denied without prejudice.

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

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

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

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

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

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statement for the previous six-month period.

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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 Mark Hagerman the approved

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

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

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DATED THIS 23rd day of September 2024.

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UNITED STATES MAGISTRATE JUDGE
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