Durand v. Maritza

Filing 3

ORDER - Plaintiff's application to proceed in forma pauperis (ECF No. 1 ) is denied without prejudice to file a new fully complete application to proceed in forma pauperis with all three documents. Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application (attached hereto for distribution to Plaintiff by ESP law library). On or before November 15, 2022, Plaintiff will either pay the full $402 or file with the Court: 1) a completed application to proceed in forma pauperis for inmate; 2) a financial certificate; and 3) a copy of the inmate 9;s prison or jail trust fund account statement for the precious six-month period. 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 9/15/2022. (Attachments: # 1 IFP Application Form) (Copies have been distributed pursuant to the NEF - HKL)

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Case 3:22-cv-00371-MMD-CLB Document 3 Filed 09/15/22 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ROBERTO DURAND, Case No. 3:22-cv-00371-MMD-CLB 4 5 6 ORDER Plaintiff v. MARITZA, 7 Defendant 8 9 I. DISCUSSION 10 On August 17, 2022, 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 and 12 filed an application to proceed in forma pauperis. 13 application to proceed in forma pauperis is incomplete. Plaintiff has not submitted a 14 financial certificate or an inmate account statement for the previous six-month period with 15 his application. (ECF Nos. 1-1, 1). Plaintiff’s 16 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 17 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 18 action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the 19 inmate must submit all three of the following documents to the Court: 20 (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this 21 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 22 page 3), 23 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 24 official (i.e. page 4 of this Court’s approved form), and 25 (3) a copy of the inmate’s prison or jail trust fund account statement for the 26 previous six-month period. 27 Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis 28 (ECF No. 1) without prejudice because the application is incomplete. The Court will grant Case 3:22-cv-00371-MMD-CLB Document 3 Filed 09/15/22 Page 2 of 3 1 Plaintiff a one-time extension to file a fully complete application to proceed in forma 2 pauperis containing all three of the required documents. Plaintiff will file a fully complete 3 application to proceed in forma pauperis on or before November 15, 2022. Absent 4 unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff 5 does not file a fully complete application to proceed in forma pauperis with all three 6 required documents on or before November 15, 2022, this case will be subject to 7 dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is 8 able to acquire all three of the documents needed to file a fully complete application to 9 proceed in forma pauperis or pays the full $402 filing fee. 10 A dismissal without prejudice means Plaintiff does not give up the right to refile the 11 case with the Court, under a new case number, when Plaintiff has all three documents 12 needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff 13 may choose not to file an application to proceed in forma pauperis and instead pay the 14 full filing fee of $402 on or before November 15, 2022, to proceed with this case. 15 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court 16 will not file the complaint unless and until Plaintiff timely files a fully complete application 17 to proceed in forma pauperis with all three documents or pays the full $402 filing fee. 18 II. CONCLUSION 19 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 20 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 21 application to proceed in forma pauperis with all three documents. 22 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 23 approved form application to proceed in forma pauperis by an inmate, as well as the 24 document entitled information and instructions for filing an in forma pauperis application. 25 IT IS FURTHER ORDERED that on or before November 15, 2022, Plaintiff will 26 either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and 27 the $52 administrative fee) or file with the Court: 28 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this -2- Case 3:22-cv-00371-MMD-CLB Document 3 Filed 09/15/22 Page 3 of 3 1 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 2 signatures on page 3), 3 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 4 official (i.e. page 4 of this Court’s approved form), and 5 (3) a copy of the inmate’s prison or jail trust fund account statement for the 6 previous six-month period. 7 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 8 application to proceed in forma pauperis with all three documents or pay the full $402 9 filing fee for a civil action on or before November 15, 2022, this case will be subject to 10 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 11 number, when Plaintiff has all three documents needed to file a complete application to 12 proceed in forma pauperis or pays the the full $402 filing fee. 13 14 15 16 17 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. September 15, 2022 DATED: __________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -3-

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