Harris v. State of Nevada

Filing 3

ORDER - It is therefore ordered that Plaintiff has until November 20, 2024, to submit a complaint to this Court. It is further ordered that Plaintiff has until November 20, 2024, to either pay the full $405 filing fee or file a new fu lly complete application to proceed in forma pauperis with all three required documents: (1) a completed application with the inmate's two signatures on page 3, (2) a completed financial certificate that is signed both by the inm ate and the prison or jail official, and (3) a copy of the inmate's trust fund account statement for the previous six-month period. Plaintiff is cautioned that this action will be subject to dismissal without prejudice if he fai ls to timely comply with this order. Notice of Compliance is due by 11/20/2024. The Clerk of the Court is directed to send Plaintiff Barry Harris: (1) the approved form for filing a 42 U.S.C. § 1983 complaint, instructions for the s ame, and a copy of his motion for a temporary restraining order and preliminary injunction ECF No. 1 -1; and (2) an application to proceed in forma pauperis for an inmate and instructions for the same. (Sent on 9/24/2024). Signed by M agistrate Judge Daniel J. Albregts on 9/24/2024. (For Distribution by law library.) (Attachments: # 1 Complaint Form with Instructions, # 2 IFP Form with Instructions, # 3 Motion for TRO)(Copies have been distributed pursuant to the NEF - GA)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
BARRY HARRIS,
Plaintiff,
v.

Case No.: 2:24-cv-01748-JAD-DJA
ORDER

STATE OF NEVADA,
Defendant.
I.

DISCUSSION
On September 17, 2024, Plaintiff, an inmate in the custody of the Nevada

Department of Corrections (“NDOC”), filed a motion for a temporary restraining order and
preliminary injunction. (ECF No. 1-1). Plaintiff did not file a complaint. Under Federal Rule
of Civil Procedure 3, “[a] civil action is commenced by filing a complaint with the court.”
Fed. R. Civ. P. 3. As such, the Court grants Plaintiff until November 20, 2024, to submit
a complaint to this Court.
Plaintiff has also not filed an application to proceed in forma pauperis or paid the
$405 filing fee. This Court must collect filing fees from parties initiating civil actions. 28
U.S.C. § 1914(a). “Any person who is unable to prepay the fees in a civil case may apply
to the court for leave to proceed in forma pauperis.” Nev. Loc. R. LSR 1-1. For an inmate
to apply for in forma pauperis status, the inmate must submit all three of the following
documents to the Court: (1) a completed Application to Proceed in Forma Pauperis
for Inmate, which is pages 1–3 of the Court’s approved form, that is properly signed by
the inmate twice on page 3; (2) a completed Financial Certificate, which is page 4 of the
Court’s approved form, that is properly signed by both the inmate and a prison or jail
official; and (3) a copy of the inmate’s prison or jail trust fund account statement for
the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. Loc. R. LSR 1-2.
In forma pauperis status does not relieve an inmate of his or her obligation to pay the
filing fee, it just means that the inmate can pay the fee in installments. See 28 U.S.C.

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§ 1915(b). The Court grants Plaintiff until November 20, 2024, to submit a complete
application to proceed in forma pauperis or pay the $405 filing fee in full.
II.

CONCLUSION
It is therefore ordered that Plaintiff has until November 20, 2024, to submit a

complaint to this Court.
It is further ordered that Plaintiff has until November 20, 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: (1) a completed application with the inmate’s two
signatures on page 3, (2) a completed financial certificate that is signed both by the
inmate and the prison or jail official, and (3) a copy of the inmate’s trust fund account
statement for the previous six-month period.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if
he fails to timely comply with this order. A dismissal without prejudice allows Plaintiff to
refile the case, under a new case number, when Plaintiff can file a complaint and either
file a complete application to proceed in forma pauperis or pay the required filing fee.
The Clerk of the Court is directed to send Plaintiff Barry Harris: (1) the approved
form for filing a 42 U.S.C. § 1983 complaint, instructions for the same, and a copy of his
motion for a temporary restraining order and preliminary injunction (ECF No. 1-1); and
(2) an application to proceed in forma pauperis for an inmate and instructions for the
same.
DATED THIS 24th day of September 2024.

UNITED STATES MAGISTRATE JUDGE

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