Navas v. Polaha et al
ORDER that the incomplete IFP application ECF No. 3 and the pending incomplete IFP application ECF No. 5 are DENIED WITHOUT PREJUDICE; plaintiff has until 6/4/2018 to submit a complete IFP or pay the filing fee; dismissal of this action without prejudice will be recommended if plaintiff fails to file a complete IFP and/or pay the filing fee. Signed by Magistrate Judge William G. Cobb on 5/14/2018. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JULIO CESAR NAVAS,
Case No. 3:18-cv-00019-MMD-WGC
JEROME POLAHA, et al.,
Plaintiff, who is incarcerated at Lovelock Correctional Center (LCC), filed his complaint
on January 12, 2018. (ECF Nos. 1, 2.) The complaint was not accompanied by an application to
proceed in forma pauperis (IFP) or the filing fee. On February 5, 2018, Plaintiff filed an application
to proceed IFP. (ECF No. 3.) That application, however, did not include a certified copy of his
trust fund account statement or the institutional equivalent, in accordance with 28 U.S.C.
§ 1915(a). The court entered an order on March 13, 2018, directing the Clerk to send Plaintiff a
copy of the instructions and application to proceed IFP for an inmate, and gave Plaintiff thirty days
to file his completed IFP application or pay the filing fee, reiterating that his application had to
include a certified copy of his trust fund account statement and the financial certificate signed by
a person authorized by NDOC. (ECF No. 4.) Plaintiff was advised that if he elected to pay the
filing fee, it was $400, and that in the event he was granted IFP status, he was still responsible for
paying the $350 filing fee over time, even if his action was dismissed.
On March 28, 2018, Plaintiff filed another IFP application. (ECF No. 5.) Once again, the
application does not contain the certified copy of his trust fund account statement or financial
certificate signed by a person authorized by NDOC. Therefore, the prior incomplete IFP
application (ECF No. 3) and the pending incomplete IFP application (ECF No. 5) are DENIED
Plaintiff has TWENTY-ONE days from the date of this Order to submit a complete IFP
application that includes a certified copy of his trust fund account statement and financial
certificate signed by a person authorized by NDOC, or to pay the filing fee. In the event a complete
IFP application is not filed, or the filing fee is not paid within twenty-one days, dismissal of this
action without prejudice will be recommended.
IT IS SO ORDERED.
DATED: May 14, 2018.
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
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