Goodrum v. State of Nevada et al

Filing 4

ORDER - Clerk shall SEND Plaintiff a copy of the instructions and application to proceed IFP for an inmate (attached hereto for distribution to Plaintiff by NNCC law library). Plaintiff has until May 31, 2022, to either file his compl eted IFP application and financial certificate or pay the full $402 filing fee. Signed by Magistrate Judge Craig S. Denney on 5/9/2022. (Attachments: # 1 IFP Application and Instructions) (Copies have been distributed pursuant to the NEF - HKL)

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Case 3:22-cv-00202-ART-CSD Document 4 Filed 05/09/22 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MITCHELL KEITH GOODRUM, 4 Plaintiff Case No.: 3:22-cv-00202-ART-CSD Order 5 v. 6 STATE OF NEVADA, et al., 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Defendants Plaintiff is an inmate within the Nevada Department of Corrections (NDOC. He initiated this action by filing a motion to move this case from the Tenth Judicial District to the U.S. District Court. (ECF No. 1-1.) Plaintiff subsequently filed a motion for leave to amend along with a proposed amended civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1.) The Local Rules of Practice for the District of Nevada provide: “Any person who is unable to prepay the fees in a civil case may apply to the court for authority to proceed in forma pauperis (IFP). The application must be made on the form provided by the court and must include a financial affidavit disclosing the applicant’s income, assets, and liabilities.” LSR 1-1. When a prisoner seeks to proceed without prepaying the filing fee, in addition to filing the affidavit, the prisoner is required to submit a certified copy of the trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint. The statement must be obtained from the appropriate official at the prison or detention facility where the prisoner is or was confined. 28 U.S.C. § 1915(a)(2). When a prisoner brings a civil action IFP, the prisoner is still required to pay the full amount of the filing fee. The court is required to assess, and when funds exist, collect an initial partial payment of 20 percent of the greater of: (A) the average monthly deposits in the Case 3:22-cv-00202-ART-CSD Document 4 Filed 05/09/22 Page 2 of 3 1 prisoner’s account or (B) the average monthly balance in the prisoner’s account for the six2 month period immediately preceding the filing of the complaint. Thereafter, whenever the 3 prisoner’s account exceeds $10, the prisoner must make monthly payments of 20 percent of the 4 preceding month’s income credited to the prisoners account until the filing fees are paid. The 5 funds are to be forwarded by the agency having custody of the prisoner. 28 U.S.C. § 1915(b)(1), 6 (2). 7 The regular filing fee is $402, consisting of the $350 filing fee and a $52 administrative 8 fee. If an inmate does not qualify for IFP status, he must pay the full $402 filing fee. If the 9 inmate qualifies for IFP status, the $52 administrative fee is waived, and the inmate will only pay 10 the $350 filing fee over time. 11 Plaintiff has not submitted the IFP application and the required financial certificate or 12 paid the filing fee. 13 The Clerk shall SEND Plaintiff a copy of the instructions and application to proceed IFP 14 for an inmate. Plaintiff has until May 31, 2022, to either file his completed IFP application and 15 financial certificate or pay the full $402 filing fee. 16 Once Plaintiff has filed his completed IFP application and financial certificate or paid the 17 filing fee, the court will address Plaintiff’s motion to amend and will screen the proposed 18 amended complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) or 28 U.S.C. § 1915A, or both. Both 19 require dismissal of a complaint, or any portion thereof, that is frivolous or malicious, fails to 20 state a claim upon which relief may be granted, or seeks monetary relief against a defendant who 21 is immune from such relief. If the complaint is dismissed on screening, there will be no refund of 22 the filing fee, and an inmate proceeding IFP is still required to pay the $350 filing fee over time. 23 2 Case 3:22-cv-00202-ART-CSD Document 4 Filed 05/09/22 Page 3 of 3 1 If Plaintiff fails to timely file a completed IFP application and financial certificate or pay 2 the filing fee, this court will recommend dismissal of this action without prejudice. 3 IT IS SO ORDERED. 4 Dated: May 9, 2022 5 _________________________________ Craig S. Denney United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3

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