Saintal-Bowman et al v. NDOC et al

Filing 3

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis without prejudice. IT IS FURTHER ORDERED that, no later than May 5, 2025, Plaintiff must 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 INSTRUCTED to send Plaintiff Priscella Saintal-Bowman the approved form application to proceed in forma pauperis for an inmate and instructions for the s ame and retain the complaint, Docket No. 1 -1, but not file it at this time. Signed by Magistrate Judge Nancy J. Koppe on 3/5/2025. (For Distribution by law library.) (Attachments: # 1 IFP 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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PRISCELLA SAINTAL-BOWMAN,
Plaintiff,

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v.

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DAWNYELL FLYNN,

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Case No.: 2:25-cv-00369-ART-NJK
Order Denying Incomplete Application
and Setting Deadline
(Docket No. 1)

Defendant.
On February 26, 2025, pro se plaintiff Priscella Saintal-Bowman, an inmate in the custody

11 of the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983 and
12 applied to proceed in forma pauperis. Docket Nos. 1, 1-1. Plaintiff’s application to proceed in
13 forma pauperis is incomplete because Plaintiff did not include the acknowledgement page of the
14 application or a financial certificate and an inmate trust fund account statement for the previous
15 six-month period with the application.
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The United States District Court for the District of Nevada must collect filing fees from

17 parties initiating civil actions. 28 U.S.C. § 1914(a). As of December 1, 2023, the fee for filing a
18 civil-rights action is $405, which includes the $350 filing fee and the $55 administrative fee. See
19 28 U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply to
20 the court for leave to proceed in forma pauperis.” LSR 1-1. For an inmate to apply for in forma
21 pauperis status, the inmate must submit all three of the following documents to the Court: (1) a
22 completed Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the
23 Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a completed
24 Financial Certificate, which is page 4 of the Court’s approved form, that is properly signed by
25 both the inmate and a prison or jail official; and (3) a copy of the inmate’s prison or jail trust
26 fund account statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2);
27 LSR 1-2. In forma pauperis status does not relieve an inmate of his or her obligation to pay the
28 filing fee, it just means that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b).
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Accordingly, for the reasons stated above,

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IT IS ORDERED that the application to proceed in forma pauperis, Docket No. 1, is

3 DENIED without prejudice.
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IT IS FURTHER ORDERED that, no later than May 5, 2025, Plaintiff must either pay the

5 full $405 filing fee or file a new fully complete application to proceed in forma pauperis with all
6 three required documents: a completed application with the inmate’s two signatures on page 3; a
7 completed financial certificate that is signed both by the inmate and the prison or jail official; and
8 a copy of the inmate’s trust fund account statement for the previous six-month period.
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IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, this

10 action will be subject to dismissal without prejudice. A dismissal without prejudice allows
11 Plaintiff to refile the case with the Court, under a new case number, when Plaintiff can file a
12 complete application to proceed in forma pauperis or pay the required filing fee.
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The Clerk of the Court is INSTRUCTED to send Plaintiff Priscella Saintal-Bowman the

14 approved form application to proceed in forma pauperis for an inmate and instructions for the
15 same and retain the complaint, Docket No. 1-1, but not file it at this time.
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IT IS SO ORDERED.

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DATED: March 5, 2025.

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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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