Geronimo v. Ely State Prison et al
Filing
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ORDER directing the Clerk to send Plaintiff the approved IFP form by an inmate and instructions (Attached hereto for distribution to P); giving Plaintiff until 8/3/2020 to file a fully complete 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 William G. Cobb on 6/2/2020. (Attachments: #1 IFP Inmate Packet)(Copies have been distributed pursuant to the NEF - LW)
Case 3:20-cv-00320-MMD-WGC Document 3 Filed 06/02/20 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMIL GERONIMO,
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Plaintiff
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Case No. 3:20-cv-00320-MMD-WGC
ORDER
v.
ELY STATE PRISON, et al.,
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Defendants
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I.
DISCUSSION
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On June 1, 2020, Plaintiff, an inmate in the custody of the Nevada Department of
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Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and a
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Financial Certificate with an inmate account statement for the previous six-month period.
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(ECF Nos. 1-1, 1-2). Plaintiff has neither paid the full $400 filing fee for this matter nor
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filed an application to proceed in forma pauperis.
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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin
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a civil action in this Court may apply to proceed in forma pauperis in order to file the civil
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action without prepaying the full $400 filing fee. To apply for in forma pauperis status, the
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inmate must submit all three the following documents to the Court:
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(1) a completed Application to Proceed in Forma Pauperis for Inmate, this
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Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on
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page 3),
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(2) a Financial Certificate properly signed by both the inmate and a prison or jail
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official (i.e. page 4 of this Court’s approved form), and
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(3) a copy of the inmate’s prison or jail trust fund account statement for the
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previous six-month period.
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The Court will grant Plaintiff a one-time opportunity to file a fully complete
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application to proceed in forma pauperis containing all three of the required documents,
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or in the alternative, pay the full $400 filing fee for this action on or before August 3, 2020.
Case 3:20-cv-00320-MMD-WGC Document 3 Filed 06/02/20 Page 2 of 3
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Absent unusual circumstances, the Court will not grant any further extensions of time. If
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Plaintiff is unable to file a fully complete application to proceed in forma pauperis with all
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three required documents or pay the full $400 filing fee on or before August 3, 2020, the
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Court will dismiss this case without prejudice for Plaintiff to file a new case with the Court
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when Plaintiff is either able to acquire all three of the documents needed to file a fully
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complete application to proceed in forma pauperis or pay the full $400 filing fee.
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To clarify, a dismissal without prejudice means Plaintiff does not give up the right
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to refile the case with the Court, under a new case number, when Plaintiff has all three
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documents needed to submit with an application to proceed in forma pauperis.
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Alternatively, Plaintiff may choose not to file an application to proceed in forma pauperis
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and instead pay the full filing fee of $400 on or before August 3, 2020 to proceed with
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this case. The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but the
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Court will not file the complaint unless and until Plaintiff timely files a fully complete
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application to proceed in forma pauperis with all three documents or pays the full $400
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filing fee.
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II.
CONCLUSION
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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send
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Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well
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as the document entitled information and instructions for filing an in forma pauperis
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application.
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IT IS FURTHER ORDERED that on or before August 3, 2020, Plaintiff will either
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pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50
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administrative fee) or file with the Court:
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(1) a completed Application to Proceed in Forma Pauperis for Inmate on this
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Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two
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signatures on page 3),
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(2) a Financial Certificate properly signed by both the inmate and a prison or jail
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official (i.e. page 4 of this Court’s approved form), and
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Case 3:20-cv-00320-MMD-WGC Document 3 Filed 06/02/20 Page 3 of 3
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(3) a copy of the inmate’s prison or jail trust fund account statement for the
previous six-month period.
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IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete
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application to proceed in forma pauperis with all three documents or pay the full $400
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filing fee for a civil action on or before August 3, 2020, the Court will dismiss this action
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without prejudice for Plaintiff to refile the case with the Court, under a new case number,
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when Plaintiff has all three documents needed to file a complete application to proceed
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in forma pauperis or pays the full $400 filing fee.
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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.
June 2, 2020
DATED: __________________
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UNITED STATES MAGISTRATE JUDGE
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