Campana v. Zehr

Filing 9

ORDER re 1 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff shall have 30 days to submit prison trust fund account statement for the past six months. Signed by Magistrate Judge William G. Cobb on 6/19/15. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 COREY MATTHEW CAMPANA, 7 3:15-cv-00192-MMD-WGC Plaintiff, 8 v. 9 Click here to enter text. ADAM ZEHR, 10 Defendant. 11 12 13 14 Plaintiff has filed an application to proceed in forma pauperis (Doc. # 1)1 and proposed pro se complaint (Doc. # 1-1). A person may be granted permission to proceed in forma pauperis if the person "submits 15 an affidavit that includes a statement of all assets such [person] possesses [and] that the person is 16 unable to pay such fees or give security therefor. Such affidavit shall state the nature of the 17 action, defense or appeal and affiant's belief that the person is entitled to redress." 28 U.S.C. 18 § 1915; Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc) (stating that this provision 19 applies to all actions filed in forma pauperis, not just prisoner actions). 20 In addition, the Local Rules of Practice for the District of Nevada provide: "Any person, 21 who is unable to prepay the fees in a civil case, may apply to the Court for authority to proceed 22 in forma pauperis. The application shall be made on the form provided by the Court and shall 23 include a financial affidavit disclosing the applicant's income, assets, expenses, and liabilities." 24 LSR 1-1. 25 "'[T]he supporting affidavits [must] state the facts as to [the] affiant's poverty with some 26 particularity, definiteness and certainty.'" U.S. v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) 27 (quoting Jefferson v. United States, 277 F.2d 823, 725 (9th Cir. 1960)). A litigant need not "be 28 1 Refers to court’s docket number. 1 absolutely destitute to enjoy the benefits of the statute." Adkins v. E.I. Du Pont De Nemours & 2 Co., 335 U.S. 331, 339 (1948). 3 4 5 6 When a prisoner seeks to proceed without prepaying the filing fee: [I]n addition to filing the affidavit filed [as described above], [the prisoner] shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined. 28 U.S.C. § 1915(a)(2). 7 Plaintiff failed to include a certified copy of his trust fund account statement. Plaintiff 8 shall have THIRTY DAYS from the date of this Order to submit a certified copy of his prison 9 trust fund account statement for the past six months. At that time the court will consider 10 Plaintiff’s application and will screen his pro se complaint pursuant to 28 U.S.C. § 1915A. 11 Should Plaintiff fail to file the prison account statement within the time period stated above, his 12 case may be dismissed. 13 IT IS SO ORDERED. 14 June 19, 2015. 15 16 __________________________________________ WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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