Hazel v. Russell et al
Filing
5
ORDER - Clerk will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, including the information and instructions for the same (Attached hereto for distribution to Plaintiff by NNCC). On or before March 8, 2021, Plaintiff will either pay the full $402 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. Clerk will retain the Complaint (ECF No. #1 -1) but will not file it at this time. Signed by Magistrate Judge Carla Baldwin on 1/6/2021. (Attachments: #1 Application to Proceed In Forma Pauperis) (Copies have been distributed pursuant to the NEF - AB)
Case 3:20-cv-00726-APG-CLB Document 5 Filed 01/06/21 Page 1 of 3
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
3
TERRANCE HAZEL,
4
Plaintiff
5
6
Case No. 3:20-cv-00726-APG-CLB
ORDER
v.
PERRY RUSSELL, et al.,
7
Defendants
cv
8
9
I.
DISCUSSION
10
On December 31, 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. (ECF No. 1-1). Plaintiff has neither paid the full $402 filing fee for this matter nor
13
filed an application to proceed in forma pauperis.
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 $402 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
The Court will grant Plaintiff a one-time opportunity to file a fully complete
26
application to proceed in forma pauperis containing all three of the required documents,
27
or in the alternative, pay the full $402 filing fee for this action on or before March 8, 2021.
28
Absent unusual circumstances, the Court will not grant any further extensions of time.
Case 3:20-cv-00726-APG-CLB Document 5 Filed 01/06/21 Page 2 of 3
1
If Plaintiff is unable to file a fully complete application to proceed in forma pauperis
2
with all three required documents or pay the full $402 filing fee on or before March 8,
3
2021, this case will be subject to dismissal without prejudice for Plaintiff to file a new case
4
with the Court when Plaintiff is either able to acquire all three of the documents needed
5
to file a fully complete application to proceed in forma pauperis or pays the full $402 filing
6
fee.
7
A dismissal without prejudice means Plaintiff does not give up the right to refile the
8
case with the Court, under a new case number, when Plaintiff has all three documents
9
needed to submit with an application to proceed in forma pauperis. Alternatively, Plaintiff
10
may choose not to file an application to proceed in forma pauperis and instead pay the
11
full filing fee of $402 on or before March 8, 2021 to proceed with this case.
12
The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1), but the Court
13
will not file the complaint unless and until Plaintiff timely files a fully complete application
14
to proceed in forma pauperis with all three documents or pays the full $402 filing fee.
15
II.
CONCLUSION
16
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send
17
Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well
18
as the document entitled information and instructions for filing an in forma pauperis
19
application.
20
IT IS FURTHER ORDERED that on or before March 8, 2021, Plaintiff will either
21
pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52
22
administrative fee) or file with the Court:
23
(1) a completed Application to Proceed in Forma Pauperis for Inmate on this
24
Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two
25
signatures on page 3),
26
(2) a Financial Certificate properly signed by both the inmate and a prison or jail
27
official (i.e. page 4 of this Court’s approved form), and
28
(3) a copy of the inmate’s prison or jail trust fund account statement for the
-2-
Case 3:20-cv-00726-APG-CLB Document 5 Filed 01/06/21 Page 3 of 3
1
previous six-month period.
2
IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete
3
application to proceed in forma pauperis with all three documents or pay the full $402
4
filing fee for a civil action on or before March 8, 2021, this case will be subject to dismissal
5
without prejudice for Plaintiff to refile the case with the Court, under a new case number,
6
when Plaintiff has all three documents needed to file a complete application to proceed
7
in forma pauperis or pays the full $402 filing fee.
8
9
10
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.
January 6, 2021
DATED: __________________
11
12
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
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?