Durand v. Muaro

Filing 3

ORDERED that the IFP application (ECF No. #1 ) is denied without prejudice to file a new fully complete application to proceed in forma pauperis with all three documents specified herein. Clerk shall send Plaintiff the approved form IFP application w instructions. (Form w instr attached hereto for distribution to P via ESP law library.) Fully complete IFP application, or $402 filing fee, due by 9/27/2022. Clerk shall retain the Complaint (ECF No. #1 -1), but will not file it at this time. Signed by Magistrate Judge Carla Baldwin on 8/1/2022. (Attachments: #1 IFP form and Instructions for Plaintiff)(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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ROBERTO DURAND,

Case No. 3:22-cv-00338-MMD-CLB

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Plaintiff

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v.

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MUARO,

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ORDER

Defendant

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I.

DISCUSSION

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On July 28, 2022, Plaintiff, an inmate in the custody of the Nevada Department of

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Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed

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an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application to

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proceed in forma pauperis is incomplete. Plaintiff has not submitted a financial certificate

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or an inmate account statement for the previous six-month period with his application.

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Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin

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a civil action in this Court may apply to proceed in forma pauperis in order to file the civil

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action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the

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inmate must submit all three of the following documents to 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 with the inmate’s two signatures on

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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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Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis

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(ECF No. 1) without prejudice because the application is incomplete. The Court will grant

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Plaintiff a one-time extension to file a fully complete application to proceed in forma

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pauperis containing all three of the required documents. Plaintiff will file a fully complete

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application to proceed in forma pauperis on or before September 27, 2022. Absent

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unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff

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does not file a fully complete application to proceed in forma pauperis with all three

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required documents on or before September 27, 2022, this case will be subject to

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dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is

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able to acquire all three of the documents needed to file a fully complete application to

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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 September 27, 2022 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 Plaintiff’s application to proceed

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in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete

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application to proceed in forma pauperis with all three documents.

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IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the

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approved form application to proceed in forma pauperis by an inmate, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before September 27, 2022, Plaintiff will

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either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and

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the $52 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 September 27, 2022, this case will be subject to

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dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case

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number, when Plaintiff has all three documents needed to file a complete application to

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proceed 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.
August 1, 2022
DATED: __________________

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UNITED STATES MAGISTRATE JUDGE

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