Curtis v. Lakes Crossing Center

Filing 3

ORDER - Clerk will send Plaintiff the approved § 1983 Complaint form, instructions for the same, and a copy of the Complaint (ECF No. 1 -1) (Mailed to Plaintiff on 11/20/2020). If Plaintiff chooses to file a First Amended Complaint, Plaintiff wi ll file the signed Amended Complaint on or before January 19, 2021. Plaintiff's application to proceed in forma pauperis (ECF No. 1 ) is denied without prejudice. Clerk will send Plaintiff the approved form application to p roceed in forma pauperis by an inmate, including the information and instructions for the same (Mailed to Plaintiff on 11/20/2020). On or before January 19, 2021, Plaintiff will either pay the full $400 filing fee or file with the Court a completed IFP application, a financial 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. Signed by Magistrate Judge William G. Cobb on 11/20/2020. (Copies have been distributed pursuant to the NEF - AB)

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Case 3:20-cv-00640-MMD-WGC Document 3 Filed 11/20/20 Page 1 of 4 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 THOMAS W. CURTIS, Case No. 3:20-cv-00640-MMD-WGC 5 Plaintiff 6 7 ORDER v. LAKES CROSSING CENTER, 8 Defendant 9 10 I. DISCUSSION 11 On November 16, 2020, Plaintiff, currently residing at Lakes Crossing Center, 12 submitted a civil rights complaint under 42 U.S.C. § 1983 and filed an application to 13 proceed in forma pauperis. 14 application to proceed in forma pauperis are both incomplete. (ECF Nos. 1-1, 1). Plaintiff’s complaint and Plaintiff's 15 Plaintiff's Complaint 16 The Court has reviewed Plaintiff’s complaint and finds it is difficult to 17 understand. (ECF No. 1-1). In order to help Plaintiff file a properly formatted complaint, 18 the Court directs Plaintiff to submit a “First Amended Complaint” on this Court’s approved 19 form. 20 Complaint on this Court’s approved form on or before January 19, 2021. The Court grants Plaintiff a one-time extension to submit a First Amended 21 Plaintiff's Application to Proceed in Forma Pauperis 22 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 23 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 24 action without prepaying the full $400 filing fee. To apply for in forma pauperis status, the 25 inmate must submit all three of the following documents to the Court: 26 (1) a completed Application to Proceed in Forma Pauperis for Inmate, this 27 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 28 page 3), Case 3:20-cv-00640-MMD-WGC Document 3 Filed 11/20/20 Page 2 of 4 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. If Plaintiff has not been at the Lakes Crossing Center a full 5 six-month period, Plaintiff must still submit an inmate account statement for the dates he 6 has been present at the facility. 7 Plaintiff has not submitted an application to proceed in forma pauperis on this 8 Court’s approved form and has not included a Financial Certificate (page 4 of the 9 application) or an inmate account statement. Accordingly, the Court denies Plaintiff's 10 application to proceed in forma pauperis (ECF No. 1) without prejudice because the 11 application is incomplete. 12 The Court will grant Plaintiff a one-time extension until on or before January 19, 13 2021, to file either a fully complete application to proceed in forma pauperis containing all 14 three of the required documents or pay the full $400 filing fee. 15 circumstances, the Court will not grant any further extensions of time. Absent unusual 16 If Plaintiff does not file either a fully complete application to proceed in forma 17 pauperis with all three required documents or pay the full $400 filing fee on or before 18 January 19, 2021, this case will be subject to dismissal without prejudice for Plaintiff to 19 file a new case with the Court when Plaintiff is able to either acquire all three of the 20 documents needed to file a fully complete application to proceed in forma pauperis or 21 pays the full $400 filing fee. 22 A dismissal without prejudice means Plaintiff does not give up the right to refile the 23 case with the Court, under a new case number, when Plaintiff has all three documents 24 needed to submit with the application to proceed in forma pauperis. Plaintiff may also 25 choose not to file an application to proceed in forma pauperis and instead pay the full 26 filing fee of $400 on or before January 19, 2021 to proceed with this case. 27 II. 28 CONCLUSION For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send to -2- Case 3:20-cv-00640-MMD-WGC Document 3 Filed 11/20/20 Page 3 of 4 1 Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a 2 copy of his original complaint. (ECF No. 1-1). If Plaintiff files a First Amended Complaint, 3 he should use the Court's approved form and he must write the words “First Amended” 4 above the words “Civil Rights Complaint” in the caption. 5 IT IS FURTHER ORDERD that if Plaintiff chooses to file a First Amended 6 Complaint, Plaintiff will file the signed amended complaint to this Court on or before 7 January 19, 2021. 8 IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis 9 (ECF No. 1) is denied without prejudice to file either a new and fully complete application 10 to proceed in forma pauperis with all three documents or pay the full $400 filing fee. 11 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 12 approved form application to proceed in forma pauperis by an inmate, as well as the 13 document entitled information and instructions for filing an in forma pauperis application. 14 IT IS FURTHER ORDERED that on or before January 19, 2021, Plaintiff will either 15 pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 16 administrative fee) or file with the Court: 17 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 18 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 19 signatures on page 3), 20 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 21 official (i.e. page 4 of this Court’s approved form), and 22 (3) a copy of the inmate’s prison or jail trust fund account statement for the 23 previous six-month period. If Plaintiff has not been at the Lakes Crossing Center a full 24 six-month period, Plaintiff must still submit an inmate account statement for the dates he 25 has been present at the facility. 26 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 27 application to proceed in forma pauperis with all three documents or pay the full $400 28 filing fee for a civil action on or before January 19, 2021, this case will be subject to -3- Case 3:20-cv-00640-MMD-WGC Document 3 Filed 11/20/20 Page 4 of 4 1 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 2 number, when Plaintiff has all three documents needed to file a complete application to 3 proceed in forma pauperis or pays the full $400 filing fee. 4 DATED: November 20, 2020 5 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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