Turner-Bey v. Garrett et al

Filing 3

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 LCC). On or before M arch 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 William G. Cobb on 1/6/2021. (Attachments: # 1 Application to Proceed In Forma Pauperis) (Copies have been distributed pursuant to the NEF - AB)

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Case 3:21-cv-00007-MMD-WGC Document 3 Filed 01/06/21 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 LASHAWN L. TURNER-BEY, 4 Plaintiff 5 6 Case No. 3:21-cv-00007-MMD-WGC ORDER v. GARRETT, et al., 7 Defendants 8 9 I. DISCUSSION 10 On January 5, 2021, Plaintiff, an inmate in the custody of the Nevada Department 11 of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983. (ECF 12 No. 1-1). Plaintiff has neither paid the full $402 filing fee for this matter nor filed an 13 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 3:21-cv-00007-MMD-WGC Document 3 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 3:21-cv-00007-MMD-WGC Document 3 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-

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