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 Ma gistrate 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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 MARK HAGERMAN, Plaintiff, 5 6 7 v. NDOC MEDICAL, et al., Case No.: 2:24-cv-01645-GMN-MDC ORDER (ECF No. 3) Defendants. 8 9 On September 5, 2024, pro se plaintiff Mark Hagerman, an inmate in the custody 10 of the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983. 11 (ECF No. 1-1). Plaintiff subsequently filed an application to proceed in forma pauperis 12 (ECF No. 3). Plaintiff’s application to proceed in forma pauperis is incomplete because 13 the financial certificate is not complete and Plaintiff did not include an inmate trust 14 fund account statement for the previous six-month period. The Court will deny 15 Plaintiff’s application without prejudice and give Plaintiff the opportunity to correct these 16 deficiencies by November 20, 2024. 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 As explained above, Plaintiff’s application to proceed in forma pauperis is 6 incomplete. The Court will therefore deny Plaintiff’s application to proceed in forma 7 pauperis without prejudice and grant Plaintiff an extension of time to either pay the filing 8 fee or file a new fully complete application to proceed in forma pauperis with all three 9 required documents. 10 11 12 II. CONCLUSION It is therefore ordered that the application to proceed in forma pauperis (ECF No. 3) is denied without prejudice. 13 It is further ordered that Plaintiff has until November 20, 2024,to either pay the 14 full $405 filing fee or file a new fully complete application to proceed in forma pauperis 15 with all three required documents: (1) a completed application with the inmate’s two 16 signatures on page 3, (2) a completed financial certificate that is signed both by the 17 inmate and the prison or jail official, and (3) a copy of the inmate’s trust fund account 18 statement for the previous six-month period. 19 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 20 Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 21 to refile the case with the Court, under a new case number, when Plaintiff can file a 22 complete application to proceed in forma pauperis or pay the required filing fee. 23 The Clerk of the Court is directed to send Plaintiff Mark Hagerman the approved 24 form application to proceed in forma pauperis for an inmate and instructions for the same 25 and retain the complaint (ECF No. 1-1) but not file it at this time. 26 DATED THIS 23rd day of September 2024. 27 28 UNITED STATES MAGISTRATE JUDGE 2

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