Whitted v. Rojas

Filing 3

ORDER - Plaintiff's application to proceed in forma pauperis (ECF No. 1 ) is denied without prejudice. Clerk will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, including the inform ation and instructions for the same (Attached hereto for distribution to Plaintiff by NNCC). On or before January 15, 2021, Plaintiff will either pay the full $400 filing fee or file with the Court a completed IFP application, a fi nancial certificate, and a copy of the inmate's prison/jail trust fund account statement for the previous six-month period. If Plaintiff does not timely comply with this Order, this case will be subject to dismissal without prejudice. Clerk will retain the Complaint (ECF No. 1 -1) but will not file it at this time. Signed by Magistrate Judge Carla Baldwin on 11/16/2020. (Attachments: # 1 Application to Proceed In Forma Pauperis)(Copies have been distributed pursuant to the NEF - AB)

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Case 3:20-cv-00633-APG-CLB Document 3 Filed 11/16/20 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 RACHEL MARIE WHITTED (#1212277), aka Ralph Whitted, ORDER Plaintiff 5 v. 6 7 ROJAS, Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 3:20-cv-00633-APG-CLB I. DISCUSSION On November 12, 2020, Plaintiff, an inmate in the custody of the Nevada Department of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application to proceed in forma pauperis is incomplete. Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin a civil action in this Court may apply to proceed in forma pauperis in order to file the civil action without prepaying the full $400 filing fee. To apply for in forma pauperis status, the inmate must submit all three of the following documents to the Court: (1) a completed Application to Proceed in Forma Pauperis for Inmate, this Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3), (2) a Financial Certificate properly signed by both the inmate and a prison or jail official (i.e. page 4 of this Court’s approved form), and (3) a copy of the inmate’s prison or jail trust fund account statement for the previous six-month period. Plaintiff has not submitted a Financial Certificate or an inmate account statement for the previous six-month period. Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis (ECF No. 1) without prejudice because the application is incomplete. The Court will grant Plaintiff a one-time extension to file a fully complete Case 3:20-cv-00633-APG-CLB Document 3 Filed 11/16/20 Page 2 of 3 1 application to proceed in forma pauperis containing all three of the required documents. 2 Plaintiff will file a fully complete application to proceed in forma pauperis on or before 3 January 15, 2021. Absent unusual circumstances, the Court will not grant any further 4 extensions of time. If Plaintiff does not file a fully complete application to proceed in forma 5 pauperis with all three required documents on or before January 15, 2021, this case will 6 be subject to dismissal without prejudice for Plaintiff to file a new case with the Court 7 when Plaintiff is able to acquire all three of the documents needed to file a fully complete 8 application to proceed in forma pauperis or pays the full $400 filing fee. 9 A dismissal without prejudice means Plaintiff does not give up the right to refile the 10 case with the Court, under a new case number, when Plaintiff has all three documents 11 needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff 12 may choose not to file an application to proceed in forma pauperis and instead pay the 13 full filing fee of $400 on or before January 15, 2021 to proceed with this case. 14 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but the Court 15 will not file the complaint unless and until Plaintiff timely files a fully complete application 16 to proceed in forma pauperis with all three documents or pays the full $400 filing fee. 17 II. CONCLUSION 18 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 19 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 20 application to proceed in forma pauperis with all three documents. 21 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 22 approved form application to proceed in forma pauperis by an inmate, as well as the 23 document entitled information and instructions for filing an in forma pauperis application. 24 IT IS FURTHER ORDERED that on or before January 15, 2021, Plaintiff will either 25 pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 26 administrative fee) or file with the Court: 27 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 28 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two -2- Case 3:20-cv-00633-APG-CLB Document 3 Filed 11/16/20 Page 3 of 3 1 signatures on page 3), 2 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 3 official (i.e. page 4 of this Court’s approved form), and 4 (3) a copy of the inmate’s prison or jail trust fund account statement for the 5 previous six-month period. 6 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 7 application to proceed in forma pauperis with all three documents or pay the full $400 8 filing fee for a civil action on or before January 15, 2021, this case will be subject to 9 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 10 number, when Plaintiff has all three documents needed to file a complete application to 11 proceed in forma pauperis or pays the the full $400 filing fee. 12 13 14 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. November 16, 2020 DATED: __________________ 15 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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