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 IF P 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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ROBERTO DURAND, Case No. 3:22-cv-00338-MMD-CLB 4 Plaintiff 5 v. 6 MUARO, 7 ORDER Defendant 8 9 I. DISCUSSION 10 On July 28, 2022, Plaintiff, an inmate in the custody of the Nevada Department of 11 Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed 12 an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application to 13 proceed in forma pauperis is incomplete. Plaintiff has not submitted a financial certificate 14 or an inmate account statement for the previous six-month period with his application. 15 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 16 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 17 action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the 18 inmate must submit all three of the following documents to the Court: 19 (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this 20 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 21 page 3), 22 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 23 official (i.e. page 4 of this Court’s approved form), and 24 (3) a copy of the inmate’s prison or jail trust fund account statement for the 25 previous six-month period. 26 Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis 27 (ECF No. 1) without prejudice because the application is incomplete. The Court will grant 28 Plaintiff a one-time extension to file a fully complete application to proceed in forma 1 pauperis containing all three of the required documents. Plaintiff will file a fully complete 2 application to proceed in forma pauperis on or before September 27, 2022. Absent 3 unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff 4 does not file a fully complete application to proceed in forma pauperis with all three 5 required documents on or before September 27, 2022, this case will be subject to 6 dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is 7 able to acquire all three of the documents needed to file a fully complete application to 8 proceed in forma pauperis or pays the full $402 filing fee. 9 A dismissal without prejudice means Plaintiff does not give up the right to refile the 10 case with the Court, under a new case number, when Plaintiff has all three documents 11 needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff 12 may choose not to file an application to proceed in forma pauperis and instead pay the 13 full filing fee of $402 on or before September 27, 2022 to proceed with this case. 14 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court 15 will not file the complaint unless and until Plaintiff timely files a fully complete application 16 to proceed in forma pauperis with all three documents or pays the full $402 filing fee. 17 II. CONCLUSION 18 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 19 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 20 application to proceed in forma pauperis with all three documents. 21 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 22 approved form application to proceed in forma pauperis by an inmate, as well as the 23 document entitled information and instructions for filing an in forma pauperis application. 24 IT IS FURTHER ORDERED that on or before September 27, 2022, Plaintiff will 25 either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and 26 the $52 administrative fee) or file with the Court: 27 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 28 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two -2- 1 signatures on page 3), 2 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 3 official (i.e. page 4 of this Court’s approved form), and 4 (3) a copy of the inmate’s prison or jail trust fund account statement for the 5 previous six-month period. 6 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 7 application to proceed in forma pauperis with all three documents or pay the full $402 8 filing fee for a civil action on or before September 27, 2022, this case will be subject to 9 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 10 number, when Plaintiff has all three documents needed to file a complete application to 11 proceed in forma pauperis or pays the the full $402 filing fee. 12 13 14 15 16 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: __________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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