Whitted v. Laura
Filing
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ORDER - Clerk shall send P approved IFP form and instructions. (Attached hereto for distribution to P via NNCC law library.) Fully complete IFP application or $402 filing fee due by 6/28/2021 as specified herein. Clerk of the Court will retain the complaint (ECF No. #1 -1) but will not file it at this time. Signed by Magistrate Judge Carla Baldwin on 4/28/2021. (Attachments: #1 IFP form and Instructions)(Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RACHEL MARIE WHITTED,
aka Ralph Whitted (#1212277),
Plaintiff
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ORDER
v.
LAURA,
Defendant
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Case No. 3:21-cv-00193-MMD-CLB
I.
DISCUSSION
On April 26, 2021, 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
a financial certificate and inmate account statement for the previous six-month period.
(ECF Nos. 1-1, 1-2). Plaintiff has not filed an application to proceed in forma pauperis
on this Court's approved form or a financial certificate on this Court's approved form.
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 $402 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.
The Court will grant Plaintiff a one-time extension to file a fully complete
application to proceed in forma pauperis containing all three of the required documents.
Plaintiff will file a fully complete application to proceed in forma pauperis on or before
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June 28, 2021. Absent unusual circumstances, the Court will not grant any further
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extensions of time. If Plaintiff does not file a fully complete application to proceed in forma
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pauperis with all three required documents on or before June 28, 2021, this case will be
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subject to dismissal without prejudice for Plaintiff to file a new case with the Court when
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Plaintiff is able to acquire all three of the documents needed to file a fully complete
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application to proceed in forma pauperis or pays the full $402 filing fee.
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A dismissal without prejudice means Plaintiff does not give up the right to refile the
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case with the Court, under a new case number, when Plaintiff has all three documents
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needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff
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may choose not to file an application to proceed in forma pauperis and instead pay the
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full filing fee of $402 on or before June 28, 2021 to proceed with this case.
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The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court
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will not file the complaint unless and until Plaintiff timely files a fully complete application
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to proceed in forma pauperis with all three documents or pays the full $402 filing fee.
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II.
CONCLUSION
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For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send
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Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well
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as the document entitled information and instructions for filing an in forma pauperis
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application.
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IT IS FURTHER ORDERED that on or before June 28, 2021, Plaintiff will either
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pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52
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administrative fee) or file with the Court:
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(1) a completed Application to Proceed in Forma Pauperis for Inmate on this
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Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two
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signatures on page 3),
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(2) a Financial Certificate properly signed by both the inmate and a prison or jail
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official (i.e. page 4 of this Court’s approved form), and
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(3) a copy of the inmate’s prison or jail trust fund account statement for the
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previous six-month period.
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IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete
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application to proceed in forma pauperis with all three documents or pay the full $402
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filing fee for a civil action on or before June 28, 2021, this case will be subject to dismissal
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without prejudice for Plaintiff to refile the case with the Court, under a new case number,
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when Plaintiff has all three documents needed to file a complete application to proceed
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in forma pauperis or pays the the full $402 filing fee.
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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.
April 28, 2021
DATED: ______________
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UNITED STATES MAGISTRATE JUDGE
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