Kopystenski v. Nevada Department of Corrections et al

Filing 3

ORDER - IFP Application (ECF No. 1 ) is DENIED without prejudice to file a new application. Clerk of the Court SHALL SEND Plaintiff the approved IFP form with instructions. (Attached hereto for distribution to P via LCC law library) Plaintiff shall by 7/26/2017 either: file a fully complete IFP application, or pay the full $400 filing fee. Clerk of the Court shall retain the complaint (ECF No. 1 -1), but shall not file it at this time. Signed by Magistrate Judge William G. Cobb on 6/26/2017. (Attachments: # 1 IFP Form, # 2 IFP Instructions)(Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
INFORMATION FOR FILING AN APPLICATION TO PROCEED
IN FORMA PAUPERIS BY AN INMATE UNDER 28 U.S.C. § 1915
Please use the attached form if you are an inmate. If you are an inmate who is unable to
pay the entire filing fee at the time you file your complaint or petition, you must submit a
completed inmate’s application to proceed in forma pauperis to the court. Nev. Local Special
Rule (“LSR”) 1-1. Your application must include copies of your inmate trust account statement
for the past six months and a properly executed financial certificate signed by an authorized
officer at your institution.
If you are filing a non-habeas civil action, including a civil rights action pursuant to 42
U.S.C. § 1983, please follow the instructions outlined in Section A. If you are filing a petition for
writ of habeas corpus, please follow the instructions outlined in Section B. To submit your
application, please follow the instructions outlined in Section C.
If you have the money to pay the full filing fee, please send a check or money order
made payable to “CLERK, U.S. DISTRICT COURT” with your complaint or petition.
A.

Non-Habeas Civil Actions

The fee for filing any civil action other than a petition for writ of habeas corpus is $400
(which includes the $350 filing fee and the $50 administrative fee). If you are granted leave to
proceed in forma pauperis, you must still pay the $350 filing fee (but not the $50 administrative
fee) in the form of several installment payments. 28 U.S.C. § 1915(b).
You must pay an initial partial filing fee of 20 percent of the greater of: (a) the average
monthly deposits to your account for the 6-month period immediately before the complaint was
filed, or (b) the average monthly balance in your account for the 6-month period immediately
before the complaint was filed. The court will use the information provided on the financial
certificate and the inmate trust account statement to determine the filing fee immediately due
and will send instructions to you and the prison or jail trust account office for payment if in forma
pauperis status is granted.
After the initial partial filing fee is paid, your prison’s or jail’s trust account office will
forward to the court each month 20 percent of the most recent month’s income from your prison
or jail trust account, to the extent that your account exceeds $10. Monthly payments will be
required until the full filing fee of $350 is paid. If you have no funds over $10 in your account,
you will not be required to pay a part of the filing fee for that month.
If your application to proceed in forma pauperis is granted, you will be liable for
the full $350 filing fee even if your civil action is dismissed. The court will continue to
collect payments until the entire filing fee is paid.
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B.

Habeas Actions

The fee for filing a petition for a writ of habeas corpus is $5. There is no administrative
fee. If you are granted leave to proceed in forma pauperis, you will not be required to pay any
portion of this fee. If you are not granted leave to proceed in forma pauperis, you must pay the
$5 fee in one payment and not in installments.
If you use a habeas form to file a non-habeas civil action, you will be required to pay the
fee applicable to all non-habeas civil actions.
C.

Submission of Application

To submit your application to proceed in forma pauperis, complete the attached form
and return the form to the court with your complaint or petition.
In civil actions filed by pro se (self-represented) inmates, the action must be filed in the
unofficial division of the court in which the inmate is held when the complaint or petition is
submitted for filing. Nev. Local Rule (“LR”) IA 1-6, 1-8. The Clerk of the Court maintains offices
in Las Vegas and Reno at the following addresses:
Unofficial Southern Division (Clark, Esmeralda, Lincoln, & Nye counties):
U.S. District Court Office of the Clerk
333 Las Vegas Boulevard, South, Room #1334
Las Vegas, NV 89101
Unofficial Northern Division (all other counties):
U.S. District Court Office of the Clerk
400 S. Virginia Street, Room #301
Reno, NV 89501
If you are incarcerated at a facility that uses electronic filing and you are filing a nonhabeas action, please continue to use electronic filing.
If you are filing a habeas action, you must submit all of your documents by mail.

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