Childs v. Carpenter et al

Filing 4

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 1/19/2021 to file a fully comple te IFP application or pay the $400 filing fee; if Plaintiff does not timely comply with this order, this case will be subject to dismissal 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 11/19/2020. (Attachments: # 1 IFP Inmate Packet)(Copies have been distributed pursuant to the NEF - LW)

Download PDF
Case 3:20-cv-00639-MMD-CLB Document 4 Filed 11/19/20 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 NIKOLAUS A. CHILDS, 4 Plaintiff 5 6 Case No. 3:20-cv-00639-MMD-CLB ORDER v. G. CARPENTER, et al., 7 Defendants 8 9 I. DISCUSSION 10 On November 16, 2020, Plaintiff, an inmate in the custody of the Nevada 11 Department of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. 12 § 1983 and filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s 13 application to 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 of 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 an application on this Court’s approved form with a 26 Financial Certificate and an inmate account statement for the previous six-month period. 27 Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis (ECF 28 No. 1) without prejudice because the application is incomplete. The Court will grant Case 3:20-cv-00639-MMD-CLB Document 4 Filed 11/19/20 Page 2 of 3 1 Plaintiff a one-time extension to file a fully complete application to proceed in forma 2 pauperis containing all three of the required documents. Plaintiff will file a fully complete 3 application to proceed in forma pauperis on or before January 19, 2021. Absent unusual 4 circumstances, the Court will not grant any further extensions of time. 5 If Plaintiff does not file a fully complete application to proceed in forma pauperis 6 with all three required documents on or before January 19, 2021, this case will be subject 7 to dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff 8 is able to acquire all three of the documents needed to file a fully complete application to 9 proceed in forma pauperis or pays the full $400 filing fee. 10 A dismissal without prejudice means Plaintiff does not give up the right to refile the 11 case with the Court, under a new case number, when Plaintiff has all three documents 12 needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff 13 may choose not to file an application to proceed in forma pauperis and instead pay the 14 full filing fee of $400 on or before January 19, 2021 to proceed with this case. 15 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but the Court 16 will not file the complaint unless and until Plaintiff timely files a fully complete application 17 to proceed in forma pauperis with all three documents or pays the full $400 filing fee. 18 II. CONCLUSION 19 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 20 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 21 application to proceed in forma pauperis with all three documents. 22 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 23 approved form application to proceed in forma pauperis by an inmate, as well as the 24 document entitled information and instructions for filing an in forma pauperis application. 25 IT IS FURTHER ORDERED that on or before January 19, 2021, Plaintiff will either 26 pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 27 administrative fee) or file with the Court: 28 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this -2- Case 3:20-cv-00639-MMD-CLB Document 4 Filed 11/19/20 Page 3 of 3 1 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 2 signatures on page 3), 3 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 4 official (i.e. page 4 of this Court’s approved form), and 5 (3) a copy of the inmate’s prison or jail trust fund account statement for the 6 previous six-month period. 7 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 8 application to proceed in forma pauperis with all three documents or pay the full $400 9 filing fee for a civil action on or before January 19, 2021, this case will be subject to 10 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 11 number, when Plaintiff has all three documents needed to file a complete application to 12 proceed in forma pauperis or pays the the full $400 filing fee. 13 14 15 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 19, 2020 DATED: __________________ 16 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?