Garza v. Williams et al

Filing 8

ORDER. For the foregoing reasons, it is ordered that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application. It is further ordered that Plaintiff has until April 11, 2025, to either pay the full $405 filing fee or file a completed financial certificate and a copy of his prison trust fund account statement for the previous six-month period. Signed by Magistrate Judge Brenda Weksler on 3/7/2025. (For Distribution by law library.) (Attachments: # 1 IFP Inmate Packet) (Copies have been distributed pursuant to the NEF - CAH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRANDON LEE GARZA,

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Plaintiff

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Case No. 2:24-cv-02240-CDS-BNW
ORDER

v.
A. W. WILLIAMS, et al.,

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Defendants

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I.

DISCUSSION

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On February 26, 2025, Plaintiff Brandon Lee Garza, an inmate in the custody of

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the Nevada Department of Corrections (“NDOC”), filed an application to proceed in forma

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pauperis. (ECF Nos. 7). However, Plaintiff’s application to proceed in forma pauperis is

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incomplete. Plaintiff has not submitted a completed financial certificate and a copy of his

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prison trust fund account statement for the previous six-month period with his application.

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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). The fee for filing a civil-rights

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action is $405, which includes the $350 filing fee and the $55 administrative fee. See 28

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U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply

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to the court for leave to proceed in forma pauperis.” Nev. Loc. R. Prac. LSR 1-1. For an

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inmate to apply for in forma pauperis status, the inmate must submit all three of the

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following documents to the Court: (1) a completed Application to Proceed in Forma

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Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly

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signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is

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page 4 of the Court’s approved form, that is properly signed by both the inmate and a

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

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statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev.

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Loc. R. Prac. LSR 1-2. In forma pauperis status does not relieve an inmate of his or her

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obligation to pay the filing fee, it just means that the inmate can pay the fee in installments.

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See 28 U.S.C. § 1915(b).

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II.

CONCLUSION

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For the foregoing reasons, it is ordered that the Clerk of the Court will send Plaintiff

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the approved form application to proceed in forma pauperis by an inmate, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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It is further ordered that Plaintiff has until April 11, 2025, to either pay the full $405

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filing fee or file a completed financial certificate and a copy of his prison 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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DATED: March 7, 2025

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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