Voss v. Cegavske et al

Filing 3

ORDER denying ECF No. 1 IFP application; directing the Clerk to send Plaintiff the approved IFP form by an inmate and instructions (Attached hereto for distribution to P); giving Plaintiff until 7/13/2020 to file a fully comple te IFP application or pay the $400 filing fee; if Plaintiff does not timely comply with this order, the Court will dismiss this action without prejudice; the Clerk will retain the complaint (ECF No. 1 -1), but will not file it at this time. Signed by Magistrate Judge Carla Baldwin on 5/13/2020. (Attachments: # 1 IFP Inmate Packet)(Copies have been distributed pursuant to the NEF - LW)

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Case 3:20-cv-00266-MMD-CLB Document 3 Filed 05/13/20 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 STEVEN FLOYD VOSS, 4 Plaintiff 5 6 Case No. 3:20-cv-00266-MMD-CLB ORDER v. BARBADA CEGAVSKE, et al., 7 Defendants 8 9 I. DISCUSSION 10 On May 1, 2020, Plaintiff, an inmate in the custody of the Nevada Department of 11 Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed 12 an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application to 13 proceed in forma pauperis is incomplete. 14 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 15 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 16 action without prepaying the full $400 filing fee. To apply for in forma pauperis status, the 17 inmate must submit all three the following documents to the Court: 18 (1) a completed Application to Proceed in Forma Pauperis for Inmate, this 19 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 20 page 3), 21 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 22 official (i.e. page 4 of this Court’s approved form), and 23 (3) a copy of the inmate’s prison or jail trust fund account statement for the 24 previous six-month period. 25 Plaintiff has not submitted a Financial Certificate or an inmate account statement 26 for the past six months. Accordingly, the Court denies Plaintiff’s application to proceed in 27 forma pauperis (ECF No. 1) without prejudice because the application is incomplete. The 28 Court will grant Plaintiff a one-time extension to file a fully complete application to Case 3:20-cv-00266-MMD-CLB Document 3 Filed 05/13/20 Page 2 of 3 1 proceed in forma pauperis containing all three of the required documents. Plaintiff will file 2 a fully complete application to proceed in forma pauperis on or before July 13, 2020. 3 Absent unusual circumstances, the Court will not grant any further extensions of time. If 4 Plaintiff is unable to file a fully complete application to proceed in forma pauperis with all 5 three required documents on or before July 13, 2020, the Court will dismiss this case 6 without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to 7 acquire all three of the documents needed to file a fully complete application to proceed 8 in forma pauperis. To clarify, a dismissal without prejudice means Plaintiff does not give 9 up the right to refile the case with the Court, under a new case number, when Plaintiff has 10 all three documents needed to submit with the application to proceed in forma pauperis. 11 Alternatively, Plaintiff may choose not to file an application to proceed in forma pauperis 12 and instead pay the full filing fee of $400 on or before July 13, 2020 to proceed with this 13 case. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but the Court 14 will not file the complaint unless and until Plaintiff timely files a fully complete application 15 to proceed in forma pauperis with all three documents or pays the full $400 filing fee. 16 II. CONCLUSION 17 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 18 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 19 application to proceed in forma pauperis with all three documents. 20 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 21 approved form application to proceed in forma pauperis by an inmate, as well as the 22 document entitled information and instructions for filing an in forma pauperis application. 23 IT IS FURTHER ORDERED that on or before July 13, 2020, Plaintiff will either 24 pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 25 administrative fee) or file with the Court: 26 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 27 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 28 signatures on page 3), -2- Case 3:20-cv-00266-MMD-CLB Document 3 Filed 05/13/20 Page 3 of 3 1 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 2 official (i.e. page 4 of this Court’s approved form), and 3 (3) a copy of the inmate’s prison or jail trust fund account statement for the 4 previous six-month period. 5 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 6 application to proceed in forma pauperis with all three documents or pay the full $400 7 filing fee for a civil action on or before July 13, 2020, the Court will dismiss this action 8 without prejudice for Plaintiff to refile the case with the Court, under a new case number, 9 when Plaintiff has all three documents needed to file a complete application to proceed 10 11 12 13 in forma pauperis. IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint (ECF No.1-1) but will not file it at this time. DATED: May 13, 2020. 14 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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