M'wanza v. Byrna et al

Filing 7

AMENDED ORDER that Plaintiff shall file his updated address with the Court by 10/18/2017; Plaintiff's application to proceed in forma pauperis ECF No. 3 is DENIED as moot; Clerk SHALL SEND Plaintiff the approve form application to proceed in forma pauperis and information and instruction for same (sent to P via NNCC law library on 09/18/2017); Plaintiff to either (1) file a fully complete application to proceed in forma pauperis or (2) pay the full filing fee of $400; if Plaintif f fails to timely comply with this order, the Court shall dismiss this case without prejudice; Plaintiff's motion for disposition ECF No. 4 is DENIED as moot. Signed by Magistrate Judge William G. Cobb on 09/18/2017. (Attachments: # 1 IFP Instructions, # 2 IFP Form)(Copies have been distributed pursuant to the NEF - KW)

United States District Court

DISTRICT OF NEVADA

APPLICATION TO PROCEED
IN FORMA PAUPERIS
FOR INMATE

Plaintiff/Petitioner,
v.

CASE NUMBER:
Defendant/Respondent,

I,

, declare that I am the (check the appropriate box)
Plaintiff
(filing 42 U.S.C. § 1983)

Movant
(filing 28 U.S.C. § 2255 motion)

Petitioner
(writ of habeas corpus
28 U.S.C. §§ 2254 or 2241)

Other
Defendant/Respondent

in this case. I am unable to prepay the fees of this proceeding or give security because of my
poverty. I acknowledge and consent that a portion of any recovery, as directed by the court, shall
be paid to the clerk for reimbursement of all fees incurred by me as a result of being granted leave
to proceed in forma pauperis.
In further support of this application, I answer the following questions:
1.

Are you presently employed?

Yes

No

a.

b.

2.

If the answer is “yes,” state the amount of your salary or wages per month, and give
the name and address of your employer. (List gross and net salary.)

If the answer is “no,” state the date of last employment and the amount of the salary
or wages per month which you received.

Have you received within the past twelve months any money from any of the following
sources?
a.

Revised 10-11-16

Business, profession or other form of self-employment?

Yes

No

b.
c.
d.
e.

Rent payments, interest or dividends?
Pensions, annuities or life insurance payments?
Gifts or inheritances?
Any other sources?

Yes
Yes
Yes
Yes

No
No
No
No

If the answer to any of the above is “yes,” describe each source of money and state the
amount received from each during the past twelve months.

3.

Do you own any cash, or do you have money in checking or savings accounts (include any
funds in prison accounts, and any funds on deposit with a bank, saving & loan, etc., outside
the prison) ?
Yes
No
If the answer is “yes,” state the total value and list the location of each account, type of
account, and amount or balance in the account. Do not include your account number(s).

4.

Do you own or have any interest in any real estate, stocks, bonds, notes, trusts, automobiles
or other valuable property (excluding ordinary household furnishings and clothing)?
Yes
No
If the answer is “yes,” describe the property, its location and state its approximate value.

5.

List the persons who are dependent upon you for support, state your relationship to those
persons, and indicate how much you contribute toward their support each month.

6.

Do you receive any income from disability, Social Security or any other pension?
Yes
No
If the answer is “yes,” describe the source and amount received each month.

7.

Have you placed any property, assets or money in the name or custody of anyone else in the
last two years?
Yes
No
If the answer is “yes,” give the date, describe the property, assets or money, give the name
of the person given custody of the item and the reason for the transfer.

2

ACKNOWLEDGMENT
I, the undersigned, acknowledge that I have read the foregoing and that the information
contained therein is true and correct to my own knowledge and belief.
Further, I state that I have not directly or indirectly paid or caused to be paid to any inmate,
agent of an inmate, or family member of any inmate a sum of money, favors or anything else for
assistance in the preparation of this document or any other document in connection with this action.
Further, I acknowledge that if any of the information included in this motion for leave to
proceed in forma pauperis is false or misleading, I understand that sanctions may be imposed against
me. Those sanctions may include, but are not limited to, the following:
(1)
(2)
(3)
(4)

dismissal of my case with prejudice;
imposition of monetary sanctions;
the Nevada Department of Prisons may bring disciplinary proceedings for a violation
of MJ-48 of the Code of Penal Discipline, which can include all sanctions authorized
under the Code including the loss of good time credits and punitive confinement; and
perjury charges.

Further, I hereby authorize the United States District Court, District of Nevada, or its
representative, to investigate my financial status, and authorize any individual, corporation, or
governmental entity to release any such information to the said Court or its representative.
Further, I acknowledge and consent that a portion of any recovery, as directed by the court,
shall be paid to the clerk for reimbursement of all fees and costs incurred by me as a result of being
granted leave to proceed in forma pauperis.
Dated this

day of

, 20

.
(Signature of Applicant)

I understand that a false statement or answer to any question in this declaration will subject
me to penalties of perjury. I DECLARE UNDER PENALTY OF PERJURY UNDER THE
LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND
CORRECT. See 28 U.S.C. § 1746 and 18 U.S.C. § 1621.
Signed at
(Location)

(Signature)

(Date)

(Inmate Prison Number)

3

FINANCIAL CERTIFICATE
I request that an authorized officer of the institution in which I am confined, or other
designated entity, such as Inmate Services for the Nevada Department of Prisons (NDOC), complete
the below Financial Certificate.
I understand that:
(1) if I commence a petition for writ of habeas corpus in federal court pursuant to 28 U.S.C.
§ 2254, the filing fee is $5.00, and that such fee will have to be paid by me if the court denies my
in forma pauperis application;
(2) if I commence a civil rights action in federal court pursuant to 42 U.S.C. § 1983, the
filing fee is $400.00 (which includes the $350 filing fee and a $50 administrative fee), which I
must pay in full; and
(a) if my current account balance (line #1 below) is $400.00 or more, I will not
qualify for in forma pauperis status and I must pay the full filing fee of $400.00 before I will be
allowed to proceed with the action;
(b) if I do NOT have $400.00 in my account as reflected on line #1 below, before
I will be allowed to proceed with an action I will be required to pay 20% of my average monthly
balance (line #2 below), or the average monthly deposits to my account (line #3 below), whichever
is greater, and thereafter I must pay installments of 20% of the preceding month’s deposits to my
account in months that my account balance exceeds $10.00 (if I am in the custody of the NDOC, I
hereby authorize the NDOC to make such deductions from deposits to my account, and I further
understand that if I have a prison job, then the 20% of my paycheck that is guaranteed to me as
spendable money will be sent to the court for payment of the filing fee); and
(c) I must continue to make installment payments until the $350.00 filing fee is fully
paid, without regard to whether my action is closed or my release from confinement. The $50
administrative fee will be waived only if I am granted permission to proceed in forma pauperis.
Type of action (check one):

civil rights

habeas corpus

INMATE NAME (printed)

SIGNATURE & PRISON NUMBER
-----------------------------1. CURRENT ACCOUNT BALANCE
2. AVERAGE MONTHLY BALANCE*
3. AVERAGE MONTHLY DEPOSITS*
4. FILING FEE (based on #1, #2 or #3, whichever is greater)
* for the past six (6) months, from all sources, including amount in any savings
account that is in excess of minimum amount that must be maintained
-----------------------------I hereby certify that as of this date, the above financial information is accurate for the above
named inmate.
(Please sign in ink in a)
(color other than black.)
AUTHORIZED OFFICER
DATE

TITLE
4